CHARTER 

V  ■  'V'  "'  ’  '  -  ;■  r~  .  '  /  ,  ;  .  %  ' 

AND 

GENERAL  ORDINANCES 

f  .  '  *  *  .  ' 

OF  THE 

CITY  OF  MADISON.  WIS. 

TOGETHER  WITH  THE 

RULES  OF  ORDER  OF  THE  COMMON  COUNCIL, 

AND  A  COMPLETE 

LIST  OF  THE  OFFICERS  OF  THE  CITY 

FROM  1856  TO  1904. 


COMPILED  BV 

F.  W.  LUCAS. 

Under  the  direction  of  the  City  Clerk  and  City  Attorney, 

AND 

REVISED  BY  THE  JUDICIARY  COMMITTEE  OF  THE  COUNCIL. 


MADISON,  WIS. 

DEMOCRAT  PRINTING  CO.,  CITY  PRINTER. 

1904. 


UNIVERSITY  OF  ILLINOIS 
LIBRARY 


-  Class  Book 

35a. 0775  h 


Volume 


I 


List  of  Officers  of  the  City  of  Madison 

FROM  ITS  INCORPORATION  IN  1856,  TO  AND  INCLUDING  THE 

YEAR  1904. 


1856. 

Mayor — JAIRUS  C.  FAIRCHILD. 

Clerk, — WILLIAM  N.  SEYMOUR. 

Treasurer — JOHNSON  J.  STARKS. 

Police  Justice — ARTHUR  B.  BRALEY. 
Street  Superintendent — (Senior  Aldermen). 
Marshal — FRED.  MOHR. 

City  Attorney — DAVID  R.  COIT. 

City  Surveyor — PATRICK  W.  McCABE. 

ALDERMEN. 


First  Ward — Abiel  E.  Bkooks,  Thomas  Heekan,  Adam  Kraetz. 

Second  Ward — Nafoleon  B.  Van  Slyke,  John  N.  Jones,  David  J. 
Powers. 

Third  Ward — Charles  George  Mayers,  *Peter  H.  Van  Bergen, 

■ 

f  William  F.  Baker,  Algernon  S.  Wood. 

Fourth  Ward — <Seth  M.  Van  Bergen,  Joseph  Hobbins,  Timothy  Kinney. 


^Resigned.  fElected  August  28,  1856. 


1857. 

M  ay  or — AU  GU  STUS  A.  BIRD. 

Clerk — *  WILLI  AM  N.  SEYMOUR. 

t STEPHEN  H.  CARPENTER. 

Treasurer — FRED.  SAUTHOFF. 

Police  J ustice — ARTHUR  B.  BRALEY. 
Street  Superintendent — (Senior  Aldermen). 
Chief  of  Police — ANDREW  BISHOP. 

City  Attorneys— ABBOTT,  CLARK  &  COIT. 
City  Surveyor—  WILLIAM  M.  HOUGH. 


*  Disabled  by  stroke  of  paralysis.  fElected  October  7,  1857. 


Z  0  b  7  Z 5 


4 


LIST  OF  OFFICERS  OF  TIIE  CITY  OF  MADISON. 


ALDERMEN. 

First  Ward — Ariel  E.  Brooks,  Thomas  Heeran,  Casper  Zwicky. 
Second  Ward — Napoleon  B.  Van  Slyke,  David  J.  Powers,  JJulius 
T.  Clark. 

Third  Ward — Charles  George  Mayers,  John  G.  Griffin,  David  R. 
Hyer. 

Fourth  Ward — Seth  M.  Van  Bergen,  Timothy  Kinney,  Joseph  Hobcins. 
IResigned  March  3,  1858.  Vacancy  filled  at  charter  election. 


1858. 

Mayor — GEORGE  B.  SMITH. 

Clerk, — HENRY  WRIGHT. 

Treasurer — JAMES  K.  PROUDFIT. 
Police  Justice — ARTHUR  B.  BRALEY. 
Street  Superintendent — SIMEON  MILLS. 
City  Attorney— SILAS  U.  PINNEY. 

City  Surveyor — * W ILLI AM  M.  HOUGH. 
tLEVI  P.  DRAKE. 

City  Assessor — HENRY  K.  EDGERTON. 


ALDERMEN. 

First  Ward — Thomas  Heeran,  A.  Siierwin,  Simon  Seckles. 

Second  Ward — David  J.  Powers,  Eli  S.  Oakley,  James  Jack. 

Third  Ward — John  G.  Griffin,  Darwin  Clark,  Christian  Hinrichs. 
Fourth  Ward — Timothy  Kinney,  Cassius  Fairchild,  Patrick  L.  Dow¬ 
ling. 


*Died.  fElected  December  20,  1858. 


1859. 

Mayor — GEORGE  B.  SMITH. 

Clerk — CHARLES  GEORGE  MAYERS. 
Treasurer — ANDREW  SEXTON. 

Police  J ustice — ARTHUR  B.  BRALEY. 
Street  Superintendent — *SIMEON  MILLS. 

tWILLARD  KNIGHT. 

Chief  of  Police — 'JOHN  SHEALEY. 

City  Attorney — J OHN  R.  BALTZELL. 
City  Surveyor— J.  A.  LIGOWSKI. 

City  Assessor—  HENRY  WRIGHT. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON". 


5 


ALDERMEN. 

First  Ward — A.  Sherwin,  John  Zehn pfennig,  William  Dudley. 
Second  Ward — Eri  S.  Oakley,  Joseph  Bayer,  William  Hawley. 
Third  Ward — Darwin  Clark,  Fred.  C.  Festner,  Ezra  C.  Squires. 
Fourth  Ward — Cassius  Fairchild,  John  A.  Byrne,  Joseph  Hobbins. 


•Resigned.  tElected  May  23,  1859. 


1860. 

Mayor—  GEORGE  B.  SMITH. 

Clerk — CHARLES  GEORGE  MAYERS. 

Treasurer — J.  C.  SCHETTE. 

Police  Justice — ARTHUR  B.  BRALEY. 

Street  Superintendent — *  JAMES  P.  SLAVAN. 

Chief  of  Police— fFRED.  S.  VAN  BERGEN. 

City  Attorney — CALVIN  AINSWORTH. 

City  Surveyor — PATRICK  W.  McCABE. 

City  Assessor — D AV I D  H.  WRIGHT. 

ALDERMEN. 

First  Ward — John  Zehnpfennig,  Farrell  O’Bryan,  Peter  H.  Turner. 
Second  Ward — Joseph  Bayer.  James  W.  Sumner,  Daniel  K.  Tenney. 
Third  Ward — Fred.  C.  Festner,  Darwin  Clark,  Kyron  Tierney. 
Fourth  Ward — John  A.  Byrne,  Timothy  Kinney,  John  Y.  Smith. 

♦Resigned  Jan.  5,  1861.  fElected  Jan.  5,  1861. 


1861. 

Mayor—  LEVI  B.  VILAS. 

Clerk— 'CHARLES  GEORGE  MAYERS. 

tWILLlAM  A.  HAYES. 

Treasurer — FRED.  C.  FESTNER. 

Police  Justice — ARTHUR  B.  BRALEY. 

Street  Superintendent  and  Chief  of  Police — F.  S.  VAN 

BERGEN. 

City  Surveyor — LEVI  P.  DRAKE. 

City  Assessor — GEORGE  H.  BARWISE. 

ALDERMEN. 

First  Ward — Farrell  O’Bryan,  ^George  E.  Bryant,  Peter  II.  Turner. 
Second  Ward — James  W.  Sumner,  Daniel  K.  Tenney,  J.  Alder  Ellis. 
Third  Ward — Darwin  Clark,  Kyron  Tierney,  John  George  Ott. 
Fourth  Ward — Timothy'  Kinney,  George  B.  Seckles,  John  Y.  Smith. 


♦Resigned  Nov.  14.  1861.  tElected  Nov..  1861.  {Resigned  Feb.  24,  1862.  Vacancy 
unfilled  until  charter  election,  April  1,  1862. 


6 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1862, 

Mayor — WILLIAM  T.  LEITCH. 

Cleric — WILLIAM  A.  HAYES. 

Treasurer — FRED.  B.  HUCHTING. 

Police  Justice—  CALVIN  AINSWORTH. 

Street  Superintendent  and  Chief  of  Police — ANDREW 
BISHOP. 

City  Attorneys — *  WAKELE  Y  &  VILAS. 

City  Surveyor — LEVI  P.  DRAKE. 

City  Assessor — PETER  H.  TURNER. 

ALDERMEN. 

First  Ward — f  John  Kavanaugh,  Eliab  B.  Dean,  Jr.  Gottlieb  Grimm. 
Second  Ward — ^Daniel  K.  Tenney,  §Jairus  H.  Carpenter,  Truman  E. 
Bird,  A.  C.  Davis. 

Third  Ward — Kyron  Tierney,  C.  W.  Heyl,  **W.  M.  Rasdall,  §James 
Ross. 

Fourth  Ward — ^George  B.  Seekels,  Ed.  C.  Kavanaugh,  Charles  H. 
Luce,  §John  Dunn. 

*AppointecI  Sept.  16,  1862.  tTo  fill  vacancy.  ^Resigned  Sept.  15.  1862.  §Elected 
Sept.  29,  1862.  **Resigned  Sept.  18,  1862.  JJResigned  Sept.  15,  1862. 


1863. 

Mayor — WILLIAM  T.  LEITCH. 

Cleric — WILLIAM  A.  HAYES. 

Treasurer — C.  W.  HEYL. 

Police  J ustice — CALVIN  AINSWORTH. 

Street  Superintendent  and  Chief  of  Police — A.  BISHOP. 
City  Attorney — CHARLES  T.  WAKELEY. 

City  Surveyor — PATRICK  W.  McCABE. 

City  Assessor — *PETER  H.  TURNER. 

FRED.  MOHR. 


ALDERMEN. 

First  Ward — Eliab  B.  Dean,  Jr.,  John  Monaghan,  John  Zehnpfennig. 
Second  Ward — Truman  E.  Bird,  Jairus  H.  Carpenter,  Henry  M.  Lewis. 
Third  Ward — -fC.  W.  Heyl,  ^Kyron  Tierney,  Jas.  Ross,  §John  T.  Stev¬ 
ens,  **Henry  Winckler. 

Fourth  Ward — Ed.  C.  Kavanaugh,  §Hiram  N.  Moulton,  **Timothy 
Kinney,  §Josf,ph  Hobbins,  **J.  M.  Dickinson. 

♦Resigned.  Fred  Mohr  appointed  May  2,  1863.  fResigned  April  10,  1863. 
JElected  April  17,  1863.  §  Resigned  Dec.  28,  1S63.  **Elected  Jan.  6,  1864. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


7 


1864. 

Mayor— WILLIAM  T.  LEITCH. 

City  Clerk — *  WILLI  AM  A.  HAYES. 

fSTEPHEN  II*.  CARPENTER. 

Treasurer — C.  W.  HEYL. 

Police  Justice — JAMES  M.  FLOWER. 

Street  Superintendent  ancl  Chief  of  Police — JOHN  P. 
HYLAND. 

City  Attorney— JOHN  R.  BALTZELL. 

City  Surveyor — PATRICK  McCABE. 

City  Assessor — JOHN  REYNOLDS. 

ALDERMEN. 

First  Ward — John  Monaghan,  Andrew  Wald,  ^Ebenezer  Sprague, 
§  Arthur  B.  Braley. 

Second  Ward — Jairus  H.  Carpenter,  Henry  M.  Lewis,  Timothy  Brown. 
Third  Ward — -James  Ross,  Kyron  Tierney,  Ernest  Doersctilag. 

Fourth  Ward — Timothy  Kinney,  J.  M.  Dickinson,  George  D.  Lincoln 

*Resigned  June  11,  1864.  fElected  June  11,  1864.  ^Resigned  June  3,  1864. 
^Elected  June  14,  1864. 


1865. 

Mayor — ELISHA  W.  KEYES. 

Clerk — STEPHEN  H.  CARPENTER. 

Treasurer— JOHN  REYNOLDS. 

Police  Justice — JAMES  M.  FLOWER. 

Street  Superintendent  and  Chief  of  Police — IRA  W.  BIRD. 
City  Attorney — HENRY  W.  TENNEY. 

City  Surveyor — *PATRICK  W.  McCABE. 

fLEVI  P.  DRAKE. 

City  Assessor — WILLIAM  T.  LEITCH. 

ALDERMEN. 

First  Ward — Andrew  Wald,  Arthur  B.  Braley,  John  Heepan 
Second  Ward — Henry  M.  Lewis,  L.  S.  Ingman,  John  Corscot. 

Third  Ward — Kyron  Tierney,  Ebe'nezek  Sprague,  August  Herfurth. 
Fourth  Ward — $J.  M.  Dickinson,  §Silas  U.  Pinney,  Thaddeus  W.  Gibbs, 
Johnson  J.  Starks. 


♦Removed  July  14,  1865.  fElected  July  14,  1865.  JResigned  June  2.  1865.  §Elected 
June  9,  1865. 


8 


LIST  OF  OFFICERS  OF  TIIE  CITY  OF  MADISON. 


1866. 

Mayor — ELISHA  W.  KEYES. 

Clerk — STEPHEN  H.  CARPENTER. 

Treasurer — STEPHEN  V.  SHIPMAN. 

Police  Justice — JOHN  R.  BALTZELE. 

Street  Superintendent — IRA  W.  BIRD. 

Chief  of  Police — BEN.  F.  LARKIN. 

City  Attorney — CHARLES  T.  WAKELEY. 

City  Surveyor — LEVI  P.  DRAKE. 

City  Assessor — CHARLES  GEORGE  MAYERS. 

ALDERMEN. 

First  Ward — Arthur  B.  Braley,  James  Conklin,  Hannibal  Lacileur. 
Second  Ward — L.  S.  Ingman,  Henry  M.  Lewis,  John  Corscot. 

Third  Ward — Ebenezer  Sprague,  Kyron  Tierney,  B.  M.  Nienaber. 
Fourth  Ward — Titad.  W.  Gibbs,  *Geo.  W.  McDougal,  f Waldo  Abf.li., 
:j:L.  D.  Stone,  J.  C.  McKinney. 

^Failed  to  qualify.  fElected  April  25,  1S66.  Resigned  November  1,  1866.  ^Elected 
December  17,  1866. 


1867. 

Mayor— ALDEN  S.  SANBORN. 

Clerk — STEPHEN  H.  CARPENTER. 
Treasurer — GEORGE  MEMHARD. 

Police  Justice— JOHN  R.  BALTZELL. 

Street  Superintendent — ANDREW  BISHOP. 
Chief  of  Police — *  WILLI  AM  HICKEY. 

f  JOHN  SHEALEY. 

City  Attorney — CHARLES  T.  WAKELEY. 
City  Surveyor — PATRICK  W.  McCABE. 

City  Assessor — ^THOMAS  C.  BOURKE. 


ALDERMEN. 

First  Ward — James  Conklin,  Robert  Nichols,  Samuel  Engel. 

Second  Ward, — Henry  M.  Lewis,  Myron  T.  Bailey,  A.  Riley  Jones. 
Third  Ward — Kyron  Tierney,  II.  Christofeers,  Peter  B.  Kissam. 
Fourth  Ward — L.  D.  Stone,  Hiram  N.  Moulton,  Simon  Foran. 

*  Removed  October  11,  1867.  t  Appointed  November  26,  1867.  ^Elected  September 
6,  1867. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


9 


1868. 

Mayor — DAVID  ATWOOD. 

Clerk — f STEPHEN  H.  CARPENTER. 

| JOHN  CORSCOT. 

Treasurer — JAMES  CONKLIN. 

Police  Justice— JOHN  R.  BALTZELL. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police — JOSHUA  W.  TOLFORD. 

City  Attorney — ARTHUR  B.  BRALEY. 

City  Surveyor — PATRICK  W.  McCABE. 

City  Assessor — *THOMAS  C.  BOURKE. 

ALDERMEN. 

First  Ward — Robert  Nichols,  Samuel  Engel,  Anthony  McGovern. 
Second  Ward — Myron  T.  Bailey,  Robert  Wootton,  Halle  Steensland. 
Third  Ward — H.  Ciiristoffers,  Peter  B.  Kissam,  Ole  Thompson. 
Fourth  Ward— Hiram  N.  Moulton,  L.  D.  Stone,  Augustus  S.  Frank. 

*Term  expires  Sept.  7,  1S68.  fResigned  Sept.  22,  186S.  ^Elected  Sept.  22,  1868. 


1869. 

Mayor — ANDREW  PROUDFIT. 

Cty  Clerk — JOHN  CORSCOT. 

Treasurer — W ILLI AM  H A B I CH . 

Police  Justice — JOHN  R.  BALTZELL. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police — THEODORE  C.  BOTSFORD. 

City  Attorney— ALDEN  S.  SANBORN. 

City  Survey 07—  PATRICK  W.  McCABE. 

City  Assessor — N.  L  ANDREWS. 

ALDERMEN. 

First  Ward — Ferdinand  Daubneb,  George  Anderson,  D.  K.  Tenney. 
Second  Ward — Robert  Wootton.  Myron  T.  Bailey,  *A.  R.  Jones,  f Wal¬ 
ter  Deards. 

Third  Ward — §Peter  B.  Kissam,  **Henry  Winkler,  John  M.  Bowman, 
John  George  Ott. 

Fourth  Ward — L.  D.  Stone,  Sinon  Foren,  Peter  Young. 

^Resigned  December  4,  ~^9.  fElected  December  14,  1869.  **Resigned  Janu¬ 

ary  8,  1S70.  ||Elected  February  15,  1870.  §  Resigned  February  21,  1870. 


10 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MALISON. 


1870. 

Mayor — ANDREW  PROUDFIT. 

City  Clerk— JOHN  CORSCOT. 

Treasurer — ANDREW  PICKARTS. 

Police  Justice — JOHN  R.  BALTZELL. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police— JOHN  SHE  ALE  Y. 

City  Attorney — ALDEN  S.  SANBORN. 

City  Surveyor— PATRICK  W.  McCABE. 

City  Assessor-— N.  L.  ANDREWS. 

ALDERMEN. 

First  Ward — George  Anderson,  Ferdinand  Daubner,  Farrell  O’Bryan. 
Second  Ward — Myron  T.  Bailey.  Walter  Deards,  Andrew  Daubner. 
Third  Ward — John  Geo.  Ott;  John  M.  Bowman,  W.  H.  Karn. 

Fourth  Ward — Sinon  Foren,  James  Ross,  H.  N.  Moulton. 


1871. 

Mayor— J.  B.  BOWEN. 

City  Clerk — JOHN  CORSCOT. 

Treasurer — JOHN  LEWIS. 

Police  Justice—  JOHN  R.  BALTZELL. 

Street  Superintendent— ANDREW  BISHOP. 
Chief  of  Police— CHAS.  C.  HAMMER. 

City  Attorney—  J.  C.  FORD. 

City  Surveyor — PATRICK  W.  McCABE. 

City  Assessor— N.  L.  ANDREWS. 


ALDERMEN. 

First  Ward — Ferdinand  Daubner,  James  Conklin,  *Heney  Vitas, 
IGeo.  Bunker. 

Second  Ward — Walter  Deards,  A.  Daubner,  C.  P.  Chapman. 

Third  Ward — J.  M.  Bowman,  John  Geo.  Ott,  W.  PI.  Karn. 

Fourth  Ward — James  Ross,  Thos.  Dean,  Estes  Wilson. 


♦Resigned  December  2,  1871.  fElected  December  28,  1871. 


LIST  OF  OFFICERS  OF  THE  CITY'  OF  MADISON. 


11 


1872. 

Mayor — JAMES  L.  HILL. 

City  Clerk— JOHN  CORSCOT. 

Treasurer — CHAS.  GEO.  MAYERS. 

Police  Justice — ARTHUR  R.  BRALEY. 

Street  Superintendent  and  City  Surveyor — *LEVI  P.  DRAKE. 
Chief  of  Police  and  Street  Supt. — j ANDREW  BISHOP. 

City  Attorney — J.  C.  FORD. 

City  Assessor— N.  L.  ANDREWS. 

/ 

ALDERMEN. 

First  Ward — F.  Daubnek,  Emanuel  Cook,  Geo.  Bunker. 

Second  Ward — Walter  Deards,  Robert  Wooton,  C.  P.  Chapman. 

Third  Ward — J.  M.  Bowman,  Frank  M.  Dorn,  **John  Lewis,  ffW.  H. 
Karn. 

Fourth  Ward — James  Ross,  Adrian  Webster,  Estes  Wilson. 

*Itesigned  December  7,  1872.  fElected  December  7,  1872. 

••Resigned  May  4,  1872.  ttElected  May  20,  1872. 


1873. 

Mayor — J.  C.  GREGORY. 

City  Clerk — JOHN  CORSCOT. 

Treasurer — W  ILL  I  AM  FARRELL. 

Police  Justice — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police — ANDREW  BISHOP. 
City  Attorney' — CHAS.  K.  TENNEY. 

City  Assessor — Wm.  T.  LEITCH. 

City  Surveyor— JAMES  QUIRK. 


ALDERMEN. 

First  Ward — Geo.  Bunker,  John  Heeran,  Emanuel  Cook. 

Second  Ward — Robert  Wootton,  C.  P.  Chapman,  Andrew  Daubner. 
Third  Ward — Frank  M.  Dorn,  Herman  Klueter,  Darwin  Clark. 
Fourth  Ward — Adrian  Webster,  Andrew  Sexton,  Thomas  Dean. 


12 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1874, 

Mayor — SILAS  U.  PINNEY. 

City  Clerk— JOHN  CORSCOT. 

Treasurer — GOTTLIEB  GRIMM. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police— ANDREW  BISHOP. 

City  Attorney— C HAS.  K.  TENNEY. 

City  Surveyor— JAMES  QUIRK. 

City  Assesor — Wm.  T.  LEITCH. 

ALDERMEN. 

First  Ward — George  Bunker,  George  Memhard,  Thomas  Hayden. 
Second  Ward — Chandler  P.  Chapman,  T.  B.  Worthington,  W.  K. 
Barney. 

Third  Ward — 'Herman  Klueter,  Darwin  Clark,  Frank  M.  Dorn. 
Fourth  Ward — Andrew  Sexton,  Philip  L.  Spooner,  Jr.,  Michael  P. 
Walsh. 


1875. 

Mayor — SILAS  U.  PINNEY. 

Clerk — JOHN  CORSCOT. 

Treasurer — THOMAS  P.  COYNE. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police — ANDREW  BISHOP. 

City  Attorney— CHAS,  K.  TENNEY. 

City  Surveyor — fJAMES  QUIRK. 

City  Assessor — WILLIAM  T.  LEITCH. 

ALDERMEN. 

First  Ward — Geogre  Memhard,  Harry  Oakey,  Thomas  Hayden. 
Second  Ward — T.  B.  Worthington,  Alden  S.  Sanbborn,  Nels  Fredeb- 

ICKSON. 

Third  Ward— Darwin  Clark,  Charles  Biederstaedt,  William  Welch. 
Fourth  Ward — Piiil  L.  Spooner,  Jr.,  Michael  P.  Walsh,  Peter  Young 


tKesigned  Oct.  2,  1875. 


I.1ST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


13 


1876. 

Mayor — JOHN*  N.  JONES. 

Ulerk — JOHN  CORSCOT. 

Treasurer — 'ROBERT  J.  McCONNELL. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Superintendent  — J OHN  NADER. 

Chief  of  Police — FRANK  M.  DORN. 

City  A  Homey — Wm.  WELCH. 

City  Surveyor — *JOHN  NADER. 

City  Assessor — THEODORE  HERFURTH. 

ALDERMEN. 

First  Ward — William  T.  Fish,  Alexander  Gill,  George  Memiiard. 
Second  Ward — Alden  S.  Sanborn,  James  E.  Rhodes,  Stephen  A.  Hale. 
Third  Ward — Charles  F.  Biederstaedt,  Ernst  Miller,  Wm.  Welch. 
Fourth  Ward — Michael  P.  Walsh,  W.  J.  L.  Nicodemus,  Daniel  Camp¬ 
bell. 

Fifth  Ward — Harry  Oakey,  James  Conklin,  Jacob  Silbernagel. 


♦Elected  May  6,  1876. 


1877. 

Mayor — HARLOW  S.  ORTON. 

Clerk— JOHN  CORSCOT 

Treasurer — MICHAEL  J.  CANTWELL. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police— ANDREW  BISHOP. 

City  Attorney — *CH ARLES  K.  TENNEY. 

City  Surveyor — tJOHN  NADER. 

City  Assessor — CHARLES  G.  MAYERS. 

ALDERMEN. 

First  Ward — William  T.  Fish,  William  A.  Booth,  Joseph  Schweinem. 
Second  Ward — James  E.  Rhodes,  John  Lamont,  William  Habicii. 
Third  Ward — Ernst  Mueller,  William  H.  Lansing,  August  Ramthux. 
Fourth  Ward — W.  J.  L.  Nicodemus,  John  E.  Hayes,  A.  M.  Daggett. 
Fifth  Ward — James  Conklin,  Jacob  Silbernagel,  Newell  H.  Dodge. 


♦Elected  May  5,  1877.  tElected  May  5,  1877. 


14 


XiIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1878. 

Mayor — GEORGE  B.  SMITH. 

Clerk — JOHN  COR  SCOT. 

Treasurer — ANDREW  DAUBNER. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police— ANDREW  BISHOP. 

City  Attorney — *RUFUS  B.  SMITH. 

City  Surveyor — 'JOHN  NADER. 

City  Assessor — CHARLES  G  MAYERS. 

ALDERMEN. 

First  Ward — Willtam  A.  Booth,  William  T.  Fish,  John  Hess. 

Second  Ward — John  Lamont,  W.  W.  Pollard,  J.  L.  W.  Newton. 

Third  Ward — William  H.  Lansing,  B.  Bischoff,  William  Farrell. 
Fourth  Ward — John  E.  Hayes,  Roger  C.  Spooner,  Michael  P.  Walsh. 
Fifth  Ward — Jacob  Silbernagel,  Patrick  O’Laugitlin,  p$.  A.  Cramt- 
ton. 


♦Elected  May  4,  1878.  {Resigned  March  1,  1879. 


1879. 

Mayor — JOHN  R.  BALTZELL. 

Clerk — JOHN  CORSCOT. 

Treasurer — M.  S.  ROWLEY. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police— ANDREW  BISHOP. 

City  Attorney— RUFUS  B.  SMITH. 

City  Surveyor — JOHN  NADER. 

City  Assessor — CHARLES  G.  MAYERS. 

ALDERMEN. 

First  W7ard — William  T.  Fish,  William  Hobbins,  George  W.  Garret. 
Second  Ward— W.  W.  Pollard,  L.  S.  Ingman,  William  H.  Rogers. 

Third  Ward — B.  Bisciioef,  John  Anton  Steinle,  A.  G.  Barker. 
Fourth  Ward — Roger  C.  Spooner,  jA-  H.  West,  H.  H.  Giles,  $  William 
Gillett. 

Fifth  Ward — Patrick  O’Laughltn,  Harry  Oakey,  Jacob  Silbernagel. 


tl>ied  August  26,  1879.  {Elected  November  4,  1879,  to  fill  vacancy. 


LIST  OF  OFFICERS  OF  TIIE  CITY  OF  MADISON. 


15 


1880. 

Mayor — PHILIJP  L.  SPOONER,  Jr. 

Clerk — JOHN  CORSCOT. 

Treasurer — ANTHONY  DONOVAN. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police — *  BEN  JAM  IN  D.  MINER,  fJOHN  L.  LEWIS. 
City  Attorney— FRANK  E.  PARKINSON. 

City  Surveyor — JOHN  NADER. 

City  Assessor — CHARLES  G.  MAYERS. 

ALDERMEN. 

First  Ward — William  Hobbins,  Alexander  Gill,  Thomas  C.  Bourke.. 
Second  Ward — L.  S.  Ingman,  A,  H.  Hollister,  W.  W.  Pollard. 

Third  Ward — Joseph  Anton  Steinle,  Dexter  Curtis,  Christian  R. 
Stein. 

Fourth  Ward — William  Gillett,  William  Storm,  Valentine  Beck. 
Fifth  Ward — Harry  Oakey,  John  R.  Melvin,  Henry  Sciieler. 

*Resigned  March  5th,  1881.  tAppointed  March  5tli,  1881,  to  till  vacancy. 


1881. 

Mayor — JAMES  CONKLIN. 

Clerk — JOHN  CORSCOT. 

Treasurer — ANDREYv  DAUBNER. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Supt.  and  Chief  of  Police — ANDREW  BISHOP. 

City  Attorney — ROBERT  M.  B ASHFORD. 

City  Surveyor — §  ALLAN  D.  CONOVER,  *JOHN  NADER. 
City  Assessor — CHARLES  G.  MAYERS. 

ALDERMEN. 

First  Ward — Alexander  Gill,  Thomas  C.  Bourke,  B.  M.  Minch. 
Second  Ward — A.  H.  Hollister,  John  B.  Heim,  Patrick  Boyd. 

Third  Ward — Dexter  Curtis,  Benjamin  Warnes,  William  Heitkamp 
Fourth  Ward — William  Storm,  John  H.  Clark,  Sinon  Foren. 

Fifth  Ward — John  R.  Melvin,  Jacob  J.  Silbernagel,  $J.  W.  Cornelius. 


*Elected  June  4,  1881,  and  resigned  March  4,  1882.  ^Resigned  September  3,  1881. 
gElected  April  1,  1882,  to  fill  vacancy. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


16 


1882. 

Mayor — JAMES  CONKLIN. 

Clerk — JOHN  CORSCOT. 

Treasurer — WILLIAM  A.  BOOTH. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police — JOHN  L.  LEWIS. 

City  Attorney—  ROBERT  M.  BASHFORD. 

City  Surveyor—  ALLAN  D.  CONOVER. 

City  Assessor — CHARLES  G.  MAYERS. 

Water  Works  Superintendent — -fJOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Thomas  C.  Boukke,  Charles  N.  Gregory,  B.  M.  Mincii. 
Second  Ward-  -JJoiin  B.  Heim,  Patrick  Boyd,  John  Lamont. 

Third  Ward — Benjamin  Warnes,  Dexter  Curtis,  Stephen  C.  Bass. 
Fourth  Ward — John  H.  Clark,  William  Trainor,  William  Gillett. 
Fifth  Ward — Jacob  J.  Silgernagel,  Everett  A.  Hayes,  John  R.  Melvin. 

f Elected  Oct.  10,  1882.  |Resigned  Oct.  10,  1882. 


1883. 

Mayor — JAMES  CONKLIN. 

Clerk — JOHN  CORSCOT. 

Treasurer — SINON  FOREN. 

Judge  of  Municipal  Court — ARTHUR  B.  BRALEY. 
Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police — JOHN  L.  LEWIS. 

City  Attorney— R OBT  M.  BASHFORD. 

City  Surveyor — ALLAN  D.  CONOVER. 

City  Assessor— ^CHARLES  G.  MAYERS. 

Water  Works  Superintendent — 'fJOHN  B.  HEIM. 


ALDERMEN. 

First  Ward — Ciias.  N.  Gregory,  James  Casserly,  Ferdinand  Daubner. 
Second  Ward — Patrick  Boyd,  Wm.  H.  Rogers,  Christian  Laurence. 
Third  Ward — Dexter  Curtis,  H.  N.  Moulton,  Ernest  Mueller. 

Fourth  Ward — William  Trainor,  Frank  F.  Proudfit,  John  H.  Starck. 
Fifth  Ward — *Everett  A.  Hayes,  James  Kelly,  Peter  Gunkel,  fJoHN 
R.  Melvin. 


♦Term  expires  September  15.  1883.  fTerm  expires  October  10,  1883. 
♦Resigned  June  2,  1883.  fEleeted  June  9.  1883,  to  fill  vacancy. 


LIST  OF  OFFICERS  OF  TIIE  CITY  OF  MADISON. 


17 


1884. 

May 07' — BREESE  ,T.  STEVENS. 

Clerk — JOHN  *  CORSCOT. 

Treasurer — GEORGE  SCHERER. 

Judge  of  Municipal  Court — A.  B.  BRALEY. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police— JOHN  L.  LEWIS. 

City  Attorney— R.  M.  BASHFORD. 

City  Surveyor — JOHN  NADER. 

City  Assessor — CHAS.  GEO.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Ferdinand  Daubner,  Ciias.  N.  Gregory.  James  Casserly. 
Second  Ward — M.  J.  Cantwell,  Martin  Hinriciis,  W.  H.  Rogers. 

Third  Ward — H.  N.  Moulton,  A.  Stein le,  Ernst  Mueller. 

Fourth  Ward — Richard  Cummings,  A.  W.  Potter,  F.  F.  Proudfit. 

Fifth  Ward — C.  B.  Nelson,  August  Haak,  James  Kelley. 


1885. 

Mayor — H.  N.  MOULTON. 

Clerk — JOHN  CORSCOT. 

Treasurer — D.  S.  BRADFORD. 

Judge  of  Municipal  Court — A.  B.  BRA.LEY. 

Street  Superintendent — ANDREW  BISHOP. 

Chief  of  Police— JOHN  L.  LEWIS. 

City  Attorney — R.  M.  BASHFORD. 

City  Surveyor — JOHN  NADER. 

City  Assessor — CHAS.  GEO.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — M.  J.  Hoyen,  James  Casserly,  Ferdinand  Daubner. 
Second  Ward — M.  J.  Cantwell,  Martin  Hinriciis,  Robert  Wootton. 
Third  Ward — Theo.  H.  Grove,  John  Malaney,  Andrew  Flom. 

Fourth  Ward — Anthony  Donovan,  J.  H.  Starck,  Richard  Cummings. 
Fifth  Ward — August  Haak,  Wm.  Hamilton,  C.  B.  Nelson. 

Sixth  Ward — *D.  H.  Collins,  A.  J.  Steinle,  W.  H.  Karnes,  JFred  Salt- 
thoff. 


*D.  II.  Collins  resigned.  fFred  Sautlioff  elected  to  fill  vacancy. 

2 


18 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1886. 

Mayor — E.  W.  KEYES. 

Clerk — JOHN  CORSCOT. 

Treasurer—  Wm.  KINGSTON. 

Judge  of  Municipal  Court — A.  B.  BRALEY. 
Street  Superintendent— MARTIN  HINRICHS. 
Chief  of  Police— EDWARD  LYONS. 

City  Attorney — ROBERT  G.  SIEBECKER. 

City  Surveyor—  JOHN  NADER. 

City  Assessor — CHAS.  G.  MAYERS. 

Water  Works  Superintendent, — JOHN  B.  HEIM. 


ALDERMEN. 

First  Ward — Thomas  Lucas.  Johnt  R.  Baltzell,  M.  J.  Hoven. 

Second  Ward — G.  J.  Corscoi,  M.  J.  Cantwell,  Robert  Wootton. 

Third  Ward—F.  C.  Siieasby,  John  Malaney,  Tiieo.  H.  Grove. 

Fourth  Ward — Henry  Rohrer,  Puineas  Baldwin,  Anthony  Donovan. 
Fifth  Ward — Nicholas  Quinn,  Citas.  F.  Harrington,  August  Haak. 
Sixth  Ward — Adolph  Wagner,  W.  H.  Karnes,  Fred  Sauthoff. 


1887. 

Mayor — JAMES  CONKLIN. 

Clerk — JOHN  CORSCOT. 

Treasurer — A.  FERDINAND  DETLOFF. 

Judge  of  Municipal  Court — A.  B.  BRALEY. 
Street  Superintendent — MARTIN  HINRICHS. 
Chief  of  Police — JOHN  E  ADAMSON. 

City  Attorney—  ROBERT  G.  SIEBECKER. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — CHAS.  G.  MAYERS. 

Water  -Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — M.  J.  Hoven,  Thomas  Lucas. 

Second  Ward — Richard  Crowley,  G.  J.  Corscot. 

Third  Ward — Gilbert  P.  Winden,  F.  C.  Sheasby. 

Fourth  Ward — John  Dunn,  Henry  Roiirer. 

Fifth  Ward — Samuel  G.  Oakey,  Nicholas  Quinn. 

Sixth  Ward — George  Sullivan,  Adolph  Wagner. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


19 


1888. 

p 

Mayor — M.  R.  DO  YON. 

Clerk — JOHN  CORSCOT. 

Treasurer — RICHARD  E.  CROWLEY. 

Judge  of  Municipal  Court — A.  B.  BRALEY. 
Street  Superintendent — NICHOLAS  QUINN. 
Chief  of  Police— JOHN  E.  ADAMSON. 

City  Attorney — ROBERT  G.  SIEBECKER. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — CHAS.  G.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM. 


ALDERMEN. 

First  Ward — *Thomas  Lucas,  M.  J.  Hoven,  fGEO.  Bunker. 
Second  Ward — Soren  Olsen,  J.  L.  W.  Newton. 

Third  Ward — F.  C.  Sheasby,  Gilbert  P.  Winden. 

Fourth  Ward — E.  L.  Baker,  John  Dunn. 

Fifth  Ward — Samuel  G.  Oakey,  J.  H.  Feeney. 

Sixth  Ward — Adolph  Wagner,  George  Sullivan. 


*Thos.  Lucas  resigned.  tOeo.  Bunker  elected  July  27,  1888. 


1889. 


Mayor — M.  R.  DOYON. 

Clerk — JOHN  CORSCOT. 

Treasurer — ROBERT  M.  LAMP. 

Judge  of  Municipal  Court— *  A.  B.  BRALEY,  fE.  W.  KEYES. 
Street  Superintendent — NICHOLAS  QUINN. 

Chief  of  Police— JOHN  E.  ADAMSON. 

City  A  ttorney— ROBERT  G.  SIEBECKER. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — CHAS.  G.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM,  :j;E.  M. 
NICHOLS. 


*Judge  A.  B.  Braley  died  Jan.  31,  1889.  fHon.  E.  W.  Keyes  was  appointed 
judge  in  Feb.,  1889. 

{John  B.  Heim  resigned,  and  E.  M.  Nichols  elected  Feb.  15,  1889. 


20 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


V 


ALDERMEN. 

First  Ward — Henry  Sc  hulk  amp,  Geo.  Bunker. 
Second  Ward, — Walter  C  Noe,  Soren  Olsen. 
Third  Ward — Gilbert  P.  Winden,  F.  C.  Sheasby, 
Fourth  Ward, — C.  C.  Chittenden,  E.  L.  Baker. 
Fifth  Ward — John  A.  Buser,  J.  H.  Feeney. 
Sixth  Ward — John  T.  King,  Alolph  Wagner. 


1890. 

Mayor — ROBERT  M.  BASHFORD. 

Clerk — ■♦JOHN  CORSCOT,  O.  S.  NORSMAN. 

Treasurer — EMANUEL  R.  COX 

Judge  of  Municipal  Court — E.  W.  KEYES. 

Street  Superintendent — NICHOLAS  QUINN. 

Chief  of  Police— JOHN  E.  ADAMSON. 

City  Attorney— J.  L.  O’CONNOR. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — CHAS.  GEO.  MAYERS. 

Water  Works  Superintendent — fE.  M.  NICHOLS,  JOHN  B. 
HEIM. 


ALDERMEN. 

First  Ward — Jabe  Alford,  Henry  Schulkamp. 

Second  Ward — Joseph  S.  Keyes,  Walter  C.  Noe. 

Third  Ward — Chas.  Heyl.  Gilbert  P.  Winden. 

Fourth  Ward — James  J.  Gleason,  C.  C.  Chittenden. 
Fifth  Ward — James  H.  Feeney,  John  A.  Buser. 

Sixth  Ward — W.  R.  Bagley,  Andrew  Hippenmeyer,  Jr. 


♦John  Corscot  resigned  April  1,  1890.  O.  S.  Norsman  elected,  fjolm  B.  Heim 
elected  Oct.  8,  1890. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


21 


1891. 

Mayor — Wm.  H.  ROGERS. 

Clerk— O.  S.  NORSMAN. 

Treasurer — LAWRENCE  REYNOLDS. 

Judge  of  Municipal  Court—* E.  W.  KEYES. 

Street  Superintendent — JOSEPH  C.  CHANDLER. 
Chief  of  Police— JOHN  E.  ADAMSON. 

City  Attorney — BURR  W.  JONES. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — CHAS.  GEO.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Henry  Schijlkamp,  Jabe  Alford. 

Second  Ward — J.  L.  W.  Newton,  Jos.  S.  Keyes. 

Third  Ward — Chas.  Heyl,  Julies  Klueter. 

Fourth  Ward — Richard  F.  Taylor.  Jas.  J.  Gleason. 

Fifth  Ward — John  A.  Buser,  James  H.  Feeney. 

Sixth  Ward — Andrew  Hippenmeyer,  Jr.,  Wm.  R.  Bagt.ey. 


1892. 

Mayor — Wm.  H.  ROGERS. 

Clerk— O.  S.  NORSMAN. 

Treasurer — EGEDIUS  GUNDLACH. 

Judge  of  Municipal  Court — E.  W.  KEYES. 
Street  Superintendent — MARTIN  HINRICHS. 
Chief  of  Police — JOHN  E  ADAMSON. 

City  Attorney— BURR  W.  JONES. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor— CHAS.  GEO.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Tuos.  F.  Cullinane.  Henry  Schulkamp. 
Second  Ward — Chas.  Hoebel,  J.  L.  W.  Newton. 

Third  Ward — Charles  W.  Heyl,  Julius  Klueter. 

Fourth  Ward — James  J.  Gleason,  Richard  F.  Taylor. 
Fifth  Ward — John  D.  Hayes,  John  A.  Buser. 

Sixth  Ward — Wm.  H.  Lansing,  Andrew  Hippenmeyer,  Jr. 


22 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON-. 


1893. 

Mayor — JOHN  CORSCOT. 

Cleric— O.  S.  NORSMAN. 

Treasurer — MATTHEW  G.  MEYERS. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — MARTIN  HINRICHS. 
Chief  of  Police — JOHN  E.  ADAMSON. 

City  Attorney— CHAS.  M.  MORRIS. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor— CHAS.  GEO.  MAYERS. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — James  Livesey,  Thos.  F.  Cullinane. 

Second  Ward — Walter  C.  Noe,  Charles  Hoebel. 

Third  Ward — Julius  Kluetek,  Chas.  W.  Heyl. 

Fourth  Ward — Richard  F.  Taylor,  James  J.  Gleason. 

Fifth  Ward — Michael  Diederich,  John  D.  Hayes. 

Sixth  Ward — Andrew  Hippenmeyer,  Jr.,  Wm.  H.  Lansing. 


1894. 

Mayor — JOHN  CORSCOT. 

Cleric— O.  S.  NORSMAN. 

Treasurer — ARTHUR  McGUNE. . 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent— MARTIN  HINRICHS. 
Chief  of  Police— JOHN  E.  ADAMSON. 

City  Attorney— CHAS.  M.  MORRIS. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — FRANK  M.  DORN. 

Water  WTorlcs  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — M.  J.  IIoven,  James  Livesey. 

Second  Ward — Charles  IIoebfl,  Walter  C.  Noe. 

Third  Ward — Edward  Quammen,  Julius  Klueter. 

Fourth  Ward — John  E.  Hayes,  Richard  F.  Taylor. 

Fifth  Ward — 'John  D.  Hayes,  Michael  Diedrich. 

Sixth  Ward — Wm.  H.  Lansing,  Andrew  Hippenmeyer,  Jr. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


23 


1895. 

Mayor — JABE  ALFORD. 

Clerk— O.  S.  NORSMAN. 

Treasurer — CHRI STOFFER  FOSTER. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — MAURICE  COUGHLIN. 
Chief  of  Police—  CHARLES  W.  HEYL. 

City  Attorney— JOHN  A.  AYLWARD. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — FRANK  M.  DORN. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Geo.  C.  Sayle,  M.  J.  Ho  yen. 

Second  Ward — Albert  A.  Dye,  Chas.  Hoebel. 

Third  Ward — Fred.  Simon,  Edward  Quammen. 

Fourth  Ward — Richard  F.  Taylor,  John  E.  Hayes. 

Fifth  Ward — John  Lewis,  John  D.  Hayes. 

Sixth  Ward — C.  E.  Brown,  Wm.  H.  Lansing. 


1896. 

Mayor — ALBERT  A.  DYE. 

Clerk— O.  S.  NORSMAN. 

Treasurer— JOHN  H.  CLARK. 

Judge  of  Municipal  Court —  ANTHONY  DONOVAN. 

Street  Superintendent — MAURICE  COUGHLIN. 

Chief  of  Police — E.  S.  PARKINSON. 

City  Attorney— JOHN  A.  AYLWARD. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Matthew  J.  Hoyen,  Geo.  C.  Sayle. 

Second  Ward — Edwin  F.  Gibbs,  Chas.  H.  Allyn. 

Third  Ward — Edward  Quammen,  Fred  Simon. 

Fourth  Ward — John  FT  Hayes,  *Riciiard  F.  Taylor,  fjos.  Dean. 
Fifth  Ward — J.  W.  Conklin,  John  Lewis. 

Sixth  Ward — Edward  H.  Heath,  C.  E.  Brown. 


*Resi£iied  Sept.  11,  1896.  fJos.  Dean  elected  Nov.  3.  1896. 


24 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1897. 

Mayor — MATTHEW  J  HOVEN. 

Clerk — O.  S.  NORSMAN. 

Treasurer — *  DENNIS  McKEON,  fROBERT  M.  LAMP. 
Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — MAURICE  COUGHLIN. 

Chief  of  Police — H.  C.  BAKER. 

City  Attorney— JOHN  A.  AYLWARD. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Ciias.  N.  Brown,  Herman  J.  Veeriiusen. 

Second  Ward — Alvin  T.  Webb,  Edwin  F.  Gibbs. 

Third  Ward — Fred.  N.  Simon,  Ed.  Qdammen. 

Fourth  Ward — Chas.  H.  Trainor,  John  E.  Hayes. 

Fifth  Ward — Chas.  S.  Slighter,  J.  W.  Conklin. 

Sixth  Ward — Robert  L.  Schmedeman.  E.  H.  Heath. 

Seventh  Ward ' — Martin  Payton,  Joseph  Schubert. 

Eighth  WJard — Goegre  C.  Sayle,  Fred.  Klein. 


1898. 

Mayor — CHARLES  E.  WPIELAN. 

Clerk —  O.  S.  NORSMAN. 

Tea  surer — HUGO  VOGEL. 

Judge  of  Municipal  Court— ANTHONY  DONOVAN. 
Street  Superintendent — JOHN  HOLLOWAY. 

Chief  of  Police—  H.  C.  BAKER. 

City  Attorney — JOHN  A.  AYLWARD. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — R1  CHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 


*Died  May  13,  1897.  fElected  May  14,  1897. 


•>- 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


25 


ALDERMEN. 

First  Ward — Storm  Bull,  Ciias.  N.  Brown. 

Second  Ward — Edwin  F.  Gibbs,  Alvin  T.  Webb. 
Third  Ward — Edward  Quammen,  Fred.  N.  Simon. 
Fourth  Ward — John  E.  Hayes,  Ciias.  H.  Trainor. 
Fifth  Ward — Ciias.  W.  Mead,  Ciias.  S.  Slichter. 
Sixth  Ward — Wm.  H.  Lansing.  R.  L.  Schmedeman. 
Seventh  Ward — Joseph  C.  Schubert,  Martin  Payton. 
Eighth  Ward — Fred.  Klein,  George  C.  Sayle. 


1899. 

Mayor— MATTHEW  J.  HOVEN. 

Clerk— O.  S.  NORSMAN. 

Treasurer — *  FRAN  K  HAVEN,  fHJJGO  VOGEL. 
Judge  of  Municipal  Court— ANTHONY  DONOVAN. 
Street  Superintendent — GEORGE  SULLIVAN. 

Chief  of  Police— H.  C.  BAKER. 

City  Attorney— JOHN  A.  AYLWARD. 

City  Surveyor — McCLELLAN  DODGE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Chas.  N.  Brown.  Storm  Bull. 

Second  Ward — )Alvin  T.  Webb,  Edwin  F.  Gibbs. 

Third  Ward — Fred.  N.  Simon,  Edward  Quammen. 

Fourth  Ward — John  Doiim,  John  E.  Hayes. 

Fifth  Ward — E.  R.  Buckley,  C.  W.  Mead. 

Sixth  Ward — Henry  W.  Qulntmeyer,  Wm.  H.  Lansing. 
Seventh  Ward — Martin  Payton,  J.  C.  Schubert. 

Eighth  Ward — Martin  H.  Higgins,  Fred.  Klein. 


*Dkh1  Nov.  3,  1199.  t Elected  Nov.  6,  1S99. 


26 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1900. 

Mayor- -MATTHEW  J.  HOVEN. 

Clerk — O.  S.  NORSMAN. 

Treasurer — MARTIN  FINNERTY. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — GEORGE  SULLIVAN. 
Chief  of  Police — H.  C.  BAKER. 

City  Attorney — JOHN  A.  AYLWARD. 

City  Surveyor — F.  E.  TURNEAURE. 

City  Assessor— RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 


ALDERMEN. 

First  Ward — Samuel  E.  Sparling.  Chas.  N.  Brown. 

Second  Ward — Edwin  F.  Gibbs,  Alvin  T.  Webb. 

Third  Ward — Edward  Quammen,  Fred.  N.  Simon. 

Fourth  Ward — John  E.  Hayes,  John  Doiim. 

Fifth  Ward — John  Sharp,  E.  R.  Buckley. 

Sixth  Ward — John  P.  Bueitenback,  Henry  W.  Quentmeyer. 
Seventh  Ward — Samuel  A.  Nielson,  Martin  Payton. 

Eighth  Ward — Fred.  Klein,  Martin  H.  Higgins. 


1901. 

Mayor — STORM  BULL. 

Clerk— O.  S.  NORSMAN. 

Treasurer — CHAS.  PRESSENTIN,  Sr. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — GEORGE  SULLIVAN. 

Chief  of  Police— HENRY  C.  BAKER. 

City  Attorney— JOHN  A.  AYLWARD. 

City  Surveyor — F.  E.  TURNEAURE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 


LIST  OF  OFFICERS  OF  TIIE  CITY  OF1  MADISON. 


27 


ALDERMEN. 

First  Ward — Ciias.  N.  Brown,  Samuel  E.  Sparling. 

Second  Ward — C.  F.  Ford,  Edwin  F.  Gibbs. 

Third  Ward — Fred.  N.  Simon,  Edward  Quammen. 

Fourth  Ward — Thos.  C.  Purcell,  John  E.  Hayes. 

Fifth  Ward — Stanley  C.  Hanks,  John  Sharp. 

Sixth  Ward — Henry  W.  Quentmeyer,  John  P.  Breitenbach. 
Seventh  Ward — Joseph  C.  Schubert,  Samuei  A.  Nielson. 
Eighth  Ward — Martin  H.  Higgins,  Fred.  Klein. 


1902. 

Mayor — JOHN  W.  GROVES. 

Clerk— O.  S.  NORSMAN. 

Treasurer — ALVIN  T.  WEBB. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — GEORGE  SULLIVAN. 

Chief  of  Police — HENRY  C.  BAKER. 

City  Attorney— RUFUS  B.  SMITH. 

City  Surveyor — JOHN  F.  ICKE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Samuel  E.  Sparling,  Chas.  N.  Brown. 

Second  Ward — Edwin  F.  Gibbs,  C.  F.  Ford. 

Third  Ward — Frank  Smith,  Fred.  N.  Simon. 

Fourth  Ward — Alfred  G.  Kroncice,  Titos.  C.  Purcell. 

Fifth  Ward — Wm.  Mautz,  Stanley  C.  Hanks.  ' 

Sixth  Ward — Bernard  Voss,  Henry  W.  Quentmeyer. 

Seventh  Ward — Harry  L.  Butler,  Jos.  C.  Schubert. 

Eighth  Ward — Fred.  Klein,  Martin  H.  Higgins. 


28 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


r — t- 


1903. 

Mayor — JOHN  W.  GROVES. 

Clerk— O.  S.  NORSMAN. 

Treasurer — ALVIN  T.  WEBB. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent— GEORGE  SULLIVAN. 

Chief  of  Police — HENRY  C.  BAKER. 

City  Attorney — RUFU S  B.  SMITH. 

City  Surveyor — JOHN  F.  ICKE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — JOHN  B.  HEIM. 

ALDERMEN. 

First  Ward — Chas.  N.  Brown,  Samuel  E.  Sparling. 

Second  Ward — F.  F.  Bowman,  Edwin  F.  Gibbs. 

Third  Ward — John  C.  Pkien,  Fred.  N.  Simon. 

Fourth  Ward — Albert  G.  Schmedeman,  Walter  J.  Hyland. 
Fifth  Ward — F.  E.  Tukneaure,  Wm.  Mautz. 

Sixth  Ward — Wm.  H.  Lansing,  Bernard  Voss. 

Seventh  Ward — Gerrit  J.  Corscot,  Harry  L.  Butler. 

Eighth  Ward — Geo.  C.  Sayle,  John  J.  Blied. 

Ninth  Ward — James  Arnold,  Albert  G.  Kroncke. 

Tenth  Ward — Ciias.  E.  Buell,  Leslie  B.  Rowley. 


1904. 

Mayor — W.  D.  CURTIS. 

Clerk— O.  S.  NORSMAN. 

Treasurer — MICHAEL  O’NEIL. 

Judge  of  Municipal  Court — ANTHONY  DONOVAN. 
Street  Superintendent — GEORGE  SULLIVAN. 

Chief  of  Police— HENRY  C.  BAKER. 

City  Attorney — A.  C.  HOPPMANN. 

City  Surveyor — JOHN  F.  ICKE. 

City  Assessor — RICHARD  F.  TAYLOR. 

Water  Works  Superintendent — 'JOHN  B.  HEIM. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


29 


ALDERMEN. 

First  Ward — Chas.  N.  Brown,  W.  R.  Mackenzie. 
Second  Ward — -Chas.  O’Neill,  W.  J.  Meltzer. 

Third  Ward — John  C.  Prien,  Frank  Smith. 

Fourth  Ward — Albert  G.  Sci-imedeman,  W.  J.  Hyland. 
Fifth  Ward — F.  E.  Turneaure,  Wm.  F.  Mautz. 

Sixth  Ward — Wm.  H.  Lansing,  Gottlieb  Maisch. 
Seventh  Ward — Gerrit  J.  Corscot,  Jos.  C.  Schubert. 
Eighth  Ward — Geo.  C.  Sayle,  John  H.  Findorff. 

Ninth  Ward — James  Arnold,  A.  G.  Ivroncke. 

Tenth  Ward — Leslie  B.  Rowley,  Chas.  E.  Buell. 


30 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


WATER  DEPARTMENT. 


List  of  Members  of  the  Board  of  Water  Commissioners,  since  organ¬ 
ization  of  the  board,  April  16,  1884: 


*  James  Conklin  . 
*H.  Christoffers  . 
R.  M.  Bashford2 3 4 5 6 
John  Lamonts  . 
A.  Donovan 
John  R.  Melvin-^ 
W.  W.  Warner 
J.  J.  Silbernagel 
J.  Van  Etta 
E.  B.  Steensland 
A.  F.  Menges0  . 


. 1884-5-6-7-8-9 

1884-5-6-7-8-9-90-1-2-3-4 

. 1884-5-6 

. 1886-7-8-9-90-1-2 -3 

. 1889-90-1 -2 

1892-3-4-5-6-7-8-9-90-1-2 

. 1893-4-5-6 

. .1894-5-6-7-8-9-90-1-2-3 

. 1896-7-8-9-90-1-2 

. 1902-2 

. 1903 


EX-OFFICIO. 

*H.  N.  Moulton,* 1  Mayor . 1885-86 

A.  Donovan,  Alderman  . 1885 -S6 

E.  W.  Keyes,  Mayor . 1886-87 

*M.  J.  Cantwell,  Alderman . 1886-87 


*  James  Conklin,  Mayor  . 1887-88 

G.  J.  Corscot,  Alderman . 1887- 8S 


M.  R.  Doyon,  Mayor . 1888-89 

S.  G.  Oakey,  Alderman . 188S-S9 


M.  R.  Doyon,  Mayor . 1889-90 

E.  L.  Baker, 5  Alderman . 1889-90 

F.  C.  SheasbyJ*  Alderman . 1889-90 

R.  M.  Bashford,  Mayor . f . 1890-91 

H.  Schulkamp,  Alderman  . 1890  21 


— — \ - - 

1  First  commissioners  elected  April  15,  1884. 

-  Resigned  M'arch  1,  1886. 

3  Elected  to  fill  vacancy. 

4 Mayor  and  alderman  ex-officio  added  to  board  April,  1885. 

5  Resigned. 

6  Elected  to  fill  vacancy. 

♦Deceased. 


HIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


31 


\V.  H.  Rogers,  Mayor . 1891-92-93 

H.  Schulkamp,  Alderman  . 1891-92-93 

John  Corscot,  Mayor . 1893  -94 

R.  F.  Taylor,  Alderman . 1893-94 

John  Corscot,  Mayor,  . 1894-95 

W.  C.  Noe,  Alderman . 1894-95 

Jabo  Alford,  Mayor  . 1895-95 

W.  H.  Lansing,  Alderman  . 1895-95 

A  A.  Dye,  Mayor . 1896-97 

Ed.  Quammen,  Alderman  . 1896-97 

*M.  J.  Hoven,  Mayor . 1897-98 

Ed.  Quammen,  Alderman  . 1897-98 

Chas.  E.  Whelan,  Mayor . . . 1898-99 

Ed.  Quammen,  Alderman  . 1898-99 

*M.  J.  Hoven,  Mayor . 1899-1900 

Ed.  Quammen,  Alderman  . 1899-1900 

*-M.  J.  Hoven,  Mayor . 1900-01 

Ed.  Quammen,  Alderman  . 1900-0i 

Storm  Bull,  Mayor  . 1901-2 

Ed.  Quammen,  Alderman  . 1901-2 

John  W.  Droves,  Mayor . 1902-3 

C.  F.  Ford,  Alderman  . 1902-3 

John  W.  Groves,  Mayor . 1903-4 

G.  J.  Corscot,  Alderman. . 1903-4 


PRESENT  OFFICERS  AND  EMPLOYES  OF  THE  DEPARTMENT. 

Commisioners. 

J.  J.  SILBERNAGEL,  President . Term  expires  October  1,  1906 

E.  B.  STEENSLAND . Term  expires  October  1,  1905 

A.  Fv  MENGES . Term  expires  October  1,  1901 

W.  D.  CURTIS . Mayor,  ex-officio. 

G.  J.  CORSCOT . Alderman,  ex-officio. 

O.  S.  NORSMAN,  Secretary. 

Superintendent — John  B.  Heim. 

Meter  Inspectors — Nicholas  Reif,  Frank  T.  Hayes. 

Engineers — Peter  Gauer,  Dennis  Dacey,  Austin  Gannon. 

Firemen — John  Lyons,  Fred  Rodefield. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


OO 
O  lj 


BOARD  OF  POLICE  AND  FIRE 
COMMISSIONERS. 


The  first  appointments  on  this  board  were  made  May  4,  1897,  and 


were  as  follows: 

Jabe  Alford  . for  4  years. 

Wm.  Helm . for  3  years. 

A.  L.  Sanborn  . for  2  years. 

James  E.  Conklin . for  1  year. 


On  the  organization  of  the  board,  ex-Mayor  Jabe  Alford  was  chosen 
president,  and  Col.  Wm.  Helm,  secretary.  Mr.  James  E.  Conklin  served 
as  commissioner  until  May  1,  1902.  Mr.  A.  L.  Sanborn  served  until 
January  8,  1900,  when  he  resigned,  and  John  L.  Erdall  was  appointed 
to  fill  the  vacancy.  Mr.  Erdall  served  until  October  16,  1901,  when 
he  resigned,  and  Chas.  F.  Lamb  was  appointed  in  his  place.  Dr.  Clarke 
Gapen  was  appointed  April  13,  1902,  and  served  until  April  15,  1903. 
On  the  21st  day  of  April,  1903,  Mr.  N.  A.  Ladd  was  appointed  to  fill 
the  vacancy  caused  by  the  resignation  of  Dr.  Clarke  Gapen,  and 
Mr.  W.  E.  Petrie  was  at  the  same  time  appointed  for  the  full  term 
of  four  years. 

The  present  board  is  constituted  as  follows: 

Jabe  Alford 

Wm.  Helm  .  . 

N.  A.  Ladd. 

W.  E.  Petrie. 


President. 

Secretary. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


•  33 


4- 


MEMBERS  OF  BOARD  OF  EDUCATION. 


1857. 

W.  B.  Jarvis,  President;  D.  S.  Durrie,  Clerk;  D.  H.  Wright,  L.  J.  Far- 
well,  L.  W.  Hoyt,  Simeon  Mills  and  Darwin  Clark.  Superintend¬ 
ent:  D.  Y.  Kilgore. 

1858. 

D.  H.  Wright,  President;  H.  G.  Bliss,  Clerk;  L.  J.  Farwell,  W.  B.  Jar¬ 
vis,  L.  W.  Hoyt.  Superintendent:  D.  Y.  Kilgore. 

1859. 

David  Atwood,  President;  H.  B.  Bliss,  Clerk;  John  H.  Slavan,  J.  T. 
Clark,  D.  H.  Wright.  Superintendent:  D.  Y.  Kilgore. 

1860. 

David  Atwood,  President;  H.  G.  Bliss,  Clerk;  J.  T.  Clark,  D.  J.  Powers, 
J.  H.  Slavan,  J.  W.  Sterling.  Superintendent:  David  Atwood. 

1861. 

Julius  T.  Clark,  President;  H.  B.  Bliss,  Clerk;  D.  J.  Powers,  J.  W. 
Sterling,  J.  P.  Fuchs,  J.  H.  Slavan,  David  Atwood.  Superintend¬ 
ent:  David  Atwood. 


1862. 

Prof.  J.  W.  Sterling,  President;  Horace  G.  Bliss,  Clerk  (resigned 
Oct.  20,  1862) ;  W.  A.  Hayes,  Clerk  (to  fill  vacancy)  ;  John  H. 
Slavan,  Treasurer;  J.  H.  Carpenter,  J.  P.  Fuchs,  W.  L.  Leitch, 
Mayor,  and  K.  Tierney,  Alderman,  both  ex-officio.  Superintend¬ 
ents  of  Schools:  Jas.  W.  Ward  and  Chas.  H.  Allen. 


3 


34 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1863. 

W.  T.  Leitch,  President;  W.  A.  Hayes,  Clerk;  John  H.  Slavan,  Treas¬ 
urer;  H.  G.  Bliss,  J.  P.  Fuchs,  J.  H.  Carpenter,  Geo.  Hyer,  John  A. 
Byrne.  Superintendents:  Chas.  H.  Allen  and  F.  B.  Williams. 

1864. 

W.  T.  Leitch,  President;  Win.  A.  Hayes,  Clerk;  John  A.  Byrne,  Clerk; 
John  H.  Slavan,  Treasurer;  Elisha  Burdick,  J.  H.  Carpenter, 
A.  Pickarts,  John  A.  Byrne,  Wm.  Welch.  Superintendent:  F.  B. 
Williams. 


1865. 

W.  T.  Leitch,  President;  S.  H.  Carpenter,  Clerk;  E.  Burdick,  Treas¬ 
urer;  Wm.  Welch,  John  A.  Byrne,  A.  Pickarts,  D.  Read,  E.  W. 
Keyes,  H.  M.  Lewis.  Superintendent:  Wm.  M.  Colby. 

1866. 

E.  W.  Keyes,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick,  Treas¬ 
urer;  A.  Pickarts,  D.  Read,  J.  H.  Carpenter,  F.  J.  Lamb,  H.  M. 
Lewis.  Superintendents:  J.  T.  Lovewell  and  B.  M.  Reynolds. 

1867. 

J.  H.  Carpenter,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick, 
Treasurer;  D.  Read,  F.  J.  Lamb,  D.  K.  Tenney,  E.  W.  Keyes,  Mayor, 
K.  Tierney,  Alderman.  Superintendent:  B.  M.  Reynolds. 

1868. 

J.  H.  Carpenter,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick, 
Treasurer;  F.  J.  Lamb,  D.  K.  Tenney,  W.  T.  Leitch,  A.  S.  Sanborn, 
Mayor,  and  H.  N.  Moulton,  Alderman.  Superintendent:  B.  M. 
Reynolds. 


1869. 

J.  H.  Carpenter,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick, 
Treasurer;  D.  K.  Tenney,  W.  T.  Leitch,  Henry  Winckler,  David 
Atwood,  Mayor,  and  H.  N.  Moulton,  Alderman.  Superintendent: 
B.  M.  Reynolds. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


35 


1870. 

J.  H.  Carpenter,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick, 
Treasurer;  J.  C.  Gregory,  Henry  Winckler,  W.  T.  Leitch,  Andrew 
Proudfit,  Mayor,  and  L.  D.  Stone,  Alderman.  Superintendent: 
B.  M.  Reynolds. 

1871. 

J.  H.  Carpenter,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick, 
Treasurer;  Darwin  Clark,  W.  T.  Leitch,  Jas.  Conklin,  Andrew 
Proudfit,  Mayor,  and  John  M.  Bowman,  Alderman.  Superintendent: 
B.  M.  Reynolds. 

1872. 

J.  H.  Carpenter,  President;  S.  H.  Carpenter,  Clerk;  Elisha  Burdick, 
Treasurer;  W.  T.  Leitch,  James  Conklin,  J.  C.  Ford,  J.  B.  Bowen, 

I 

Mayor,  and  Wm.  H.  Kara,  Alderman.  Superintendents:  B.  M. 
Reynolds  and  Walter  H.  Chase. 

1873. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 
Treasurer;  J.  C.  Ford,  Alex.  Kerr,  Jas.  Conklin,  Jas.  L.  Hill,  Mayor, 
and  Robert  Wootton,  Alderman.  Superintendents:  Walter  H. 
Chase  and  Samuel  Shaw. 

1874. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 

Treasurer;  J.  C.  Ford,  Alex.  Kerr,  John  Baker,  J.  C.  Gregory, 
Mayor,  and  C.  B.  Chapman,  Alderman.  Superintendent:  Samuel 
Shaw. 

1875. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 

Teasurer;  C.  B.  Chapman,  Alex.  Kerr,  J.  C.  Ford,  S.  U.  Pinney, 

Mayor,  and  P.  L.  Spooner,  Alderman.  Superintendent:  Samuel 
Shaw. 

1876. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 

Treasurer;  .T.  C.  Ford,  Alex.  Kerr,  F.  J.  Lamb,  A.  S.  Sanborn, 
Mayor,  and  W.  J.  Nicodemus,  Alderman.  Superintendent:  Samuel 
Shaw. 


36 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON". 


1877. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 
Treasurer;  J.  C.  Ford,  Alex.  Kerr,  John  Corscot,  Mayor,  H.  S. 
Orton,  and  Alderman  W.  J.  L,  Nicodemus.  Superintendent:  Sam¬ 
uel  Shaw. 


1878. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 
Treasurer;  Alexander  Kerr,  John  Corscot,  Chas.  Hinrichs,  Harlow 
S.  Orton,  Mayor,  and  W.  J.  L.  Nicodemus,  Alderman.  Superintend¬ 
ent:  Samuel  Shaw. 

1879. 

J.  H.  Carpenter,  President;  W.  T.  Leitch,  Clerk;  Elisha  Burdick, 
Treasurer;  John  Corscot,  Chas.  Hinrichs,  Alexander  Kerr,  John  R. 
Baltzell,  Mayor,  and  John  Lamont,  Alderman.  Superintendent: 
Samuel  Shaw. 


1880. 

J.  H;.  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 
Treasurer;  Chas.  Hinrichs,  Alex.  Kerr,  J.  B.  Parkinson,  Philip  L. 
Spooner,  Jr.,  Mayor,  and  William  Hobbins,  Alderman.  Superin¬ 
tendent :  Samuel  Shaw. 


1881. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 
Treasurer;  J.  B.  Parkinson,  Alex.  Kerr,  H.  M.  Lewis,  James  Conk¬ 
lin,  Mayor,  and  Wm.  Hobbins,  Alderman.  Superintendent:  Samuel 
Shaw. 


1882. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 
Treasurer;  H.  M,  Lewis,  Alex.  Kerr,  J.  B.  Parkinson,  James  Conk¬ 
lin,  Mayor,  and  Dexter  Curtis,  Alderman.  Superintendent:  Sam¬ 
uel  Shaw. 


1883. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 
Treasurer;  H.  M.  Lewis,  Alex.  Kerr,  J.  B.  Parkinson,  James  Conk¬ 
lin,  Mayor,  and  Dexter  Curtis,  Alderman.  Superintendent:  Samuel 
Shaw. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


37 


1884. 

J.  H,  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 
Treasurer;  Alexander  Kerr,  J.  B.  Parkinson,  H,.  M.  Lewis,  B.  J. 
Stevens,  Mayor,  and  W.  H.  Rogers,  Alderman.  Superintendent: 
Samuel  Shaw. 


1885. 

J.  Hr  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 

Treasurer:  H.  M.  Lewis,  J.  B.  Parkinson,  Richard  Porscli,  H.  N. 
Moulton,  Mayor,  and  C.  N.  Gregory,  Alderman.  Superintendent: 
W.  H.  Beach. 

1886. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 

Treasurer;  H.  M.  Lewis,  J.  B.  Parkinson,  Richard  Porsch,  E.  W. 
Keyes,  Mayor,  and  Robert  Wootton,  Alderman,  Anthony  Donovan, 
Alderman.  Superintendent:  W.  H.  Beach. 

1887. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  Elisha  Burdick, 

Treasurer;  J.  B.  Parkinson,  H.  M.  Lewis,  Richard  Porsch,  E.  W. 

Keyes,  Mayor,  Anthony  Donovan,  Alderman;  Superintendent: 
W.  H.  Beach. 


1888. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  H.  M.  Lewis,  Treas¬ 
urer;  J.  B.  Parkinson,  M.  R.  Doyon,  Wm.  Helm,  James  Conklin, 
Mayor,  and  F.  C.  Sheasby,  Alderman.  Superintendent,  W.  H. 
Beach. 

1889. 

J.  H.  Carpenter,  President;  John  Corscot,  Clerk;  H.  M.  Lewis,  Treas¬ 
urer;  R.  M.  Bashford,  Wm.  Helm,  J.  B.  Parkinson,  M.  R.  Doyon, 
Mayor,  F.  C.  Sheasby,  Alderman.  Superintendent,  W.  H.  Beach- 

1890. 

J.  B.  Parkinson,  President;  John  Corscot,  Clerk;  H.  M.  Lewis,  Treas¬ 
urer;  H.  M.  Lewis,  Wm.  Helm,  M.  R.  Doyon,  R.  M.  Bashford, 
Mayor,  Jas.  H.  Feeney,  Alderman.  Superintendent:  W.  H.  Beach. 


38 


LIST  OF  OFFICERS  OF  TIIE  CITY  OF  MADISON. 


1891. 

J.  B.  Parkinson,  President;  John  Corscot,  Clerk;  H.  M.  Lewis,  Treas¬ 
urer;  John  J.  Suhr,  W.  H.  Rosenstengel,  M.  R.  Doyon,  Wm.  H. 
Rogers,  Mayor,  and  Chas.  W.  Heyl,  Alderman.  Superintendent: 
W.  H.  Beach. 


1892. 

H.  M.  Lewis,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  John  Corscot,  John  J.  Suhr,  W.  H.  Rosenstengel,  W.  H. 
Rogers,  Mayor,  and  Julius  Klueter,  Alderman.  Superintendent: 
R.  B.  Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1893. 

H.  M.  Lewis,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  James  Conklin,  J.  W.  Stearns,  John  J.  Suhr,  John  Corscot, 
Mayor,  and  Julius  Klueter,  Alderman.  Superintendent:  R.  B. 
Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1894. 

H.  M.  Lewis,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  J.  W.  Stearns,  Julius  G.  O.  Zehnter,  James  Conklin,  John 
Corscot,  Mayor,  and  Julius  Klueter,  Alderman.  Superintendent: 
R.  B.  Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1895. 

H.  M.  Lewis,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  Julius  G.  O.  Zehnter,  James  Conklin,  J.  W.  Stearns,  Jake 
Alford,  Mayor,  and  A.  A.  Dye,  Alderman.  Superintendent:  R.  B. 
Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1896. 

J.  W.  Stearns,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  James  Conklin,  Julius  G.  O.  Zehnter,  W.  R.  Bagley,  A.  A. 
Dye,  Mayor,  and  Geo.  C.  Sayle,  Alderman.  Superintendent:  R.  B. 
Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1897. 

J.  W.  Stearns,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  Julius  G.  O.  Zehnter,  W.  R.  Bagley,  James  Conklin,  M.  J. 
Hoven,  Mayor,  and  R.  L.  Schmedeman,  Alderman.  Superintend¬ 
ent:  R.  B.  Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


39 


1898. 

John  Corscot,  President;  O.  S.  Norsman,  Clerk;  M.  R.  Doyon,  Treas¬ 
urer;  Julius  G.  O.  Zehnter,  W.  R.  Bagley,  Janies  Conklin,  Chas.  E. 
Whelan,  Mayor,  and  R.  L.  Schmedeman,  Alderman.  Superintend- 

r 

ent:  R.  B.  Dudgeon.  Principal  Hgh  School;  J.  H.  Hutchison. 

1899. 

John  Corscot,  President;  O.  S.  Norsman,  Clerk;  E.  A.  Birge,  Treas¬ 
urer;  M.  R.  Doyon,  Anthony  Donovan,  Julius  G.  O.  Zehnter,  M.  J. 
Hoven,  Mayor,  and  Storm  Bull,  Alderman.  Superintendent:  R.  B. 
Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1900. 

John  Corscot,  President;  O.  S.  Norsman,  Clerk;  E.  A.  Birge,  Treas¬ 
urer;  Julius  G.  O.  Zehnter,  M.  R.  Doyon,  Anthony  Donovan,  M.  J. 
Hoven,  Mayor,  and  Martin  Payton,  Alderman.  Superintendent: 
R.  B.  Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1901. 

John  Corscot,  President;  O.  S.  Norsman,  Clerk;  E.  A.  Birge,  Treas¬ 
urer;  Julius  G.  0.  Zehnter,  Wm.  Helm,  Anthony  Donovan,  Storm 

Bull,  Mayor,  and  John  P.  Breitenbach,  Alderman.  Superintend- 
% 

ent:  R.  B.  Dudgeon.  Principal  High  School:  J.  H.  Hutchison. 

1902. 

John  Corscot,  President;  O.  S.  Norsman,  Clerk;  Wm.  Helm,  Treasurer; 
Anthony  Donovan,  Julius  G.  O.  Zehnter,  F.  J.  Turner,  John  W. 
Groves,  Mayor,  and  Chas.  N.  Brown,  Alderman.  Superintendent: 
R.  B.  Dudgeon.  Principal  I-Tigh  School:  J.  H.  Hutchison. 

1903. 

John  Corscot,  President;  O.  S.  Norsman,  Clerk;  Wm.  Helm,  Treasurer; 
Anthony  Donovan,  F.  J.  Turner,  J.  G.  O.  Zehnter  (resigned  May  8, 
1903),  George  Kroncke  (elected  May  22,  1903),  John  W.  Groves, 
Mayor,  and  Chas.  N.  Brown,  Alderman.  Superintendent:  R.  B. 
Dudgeon.  Principal  High  School:  .J.  H.  Hutchison. 

1904. 

John  Corscot,  President  (resigned  Feb.  26,  1904) ;  Anthony  Donovan, 
President  (elected  Mar.  1,  1904)  ;  O.  S.  Norsman,  Clerk;  Wm.  Helm, 
Treasurer;  Fred.  J.  Turner  (resigned  Feb.  6,  1904),  Frank  Alford 
(elected  Feb.  26,  1904),  J.  T.  W.  Jennings  (elected  Feb.  26,  1904), 
George  Kroncke,  W.  D.  Curtis,  Mayor,  and  Jos.  C.  Schubert,  Aider- 
man.  Superintendent:  R.  B.  Dudgeon.  Principal  High  School: 
J.  H.  Hutchison. 


40 


EIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


f 


BOARDS  OF  HEALTH. 


1884- 5. 

C.  B.  Nelson,  M.  J.  Cantwell,  F.  Daubner. 

Health  Officer — F.  H.  Bodenius. 

1885- 6. 

Theo.  H.  Grove,  Robert  Wootton,  John  Malaney. 

Health  Officer — F.  H.  Bodenius. 

1886- 7. 

Theo.  H.  Grove,  Adolph  Wagner,  Robert  Wootton. 

Health  Officer — F.  H.  Bodenius. 

1887- 8. 

Adolph  Wagner,  F.  C.  Sheasby,  M.  J.  Hoven. 

Health  Officer — F.  H.  Bodenius. 
inspector — W.  H.  Hughes. 

1888- 9. 

Adolph  Wagner,  Gilbert  P.  Winden,  John  Dunn. 

Health  Officer — F.  H.  Bodenius. 

Inspector — M.  Hinrichs. 

1889- 1890. 

Adolph  Wagner,  Chas.  C.  Chittenden,  Walter  C.  Noe. 
Health  Officer — F.  H.  Bodenius. 

Inspector — Hugo  Mueller. 

1890- 1891. 

Chas.  C.  Chittenden,  Walter  C.  Noe,  Gilbert  P.  Winden. 
Health  Officer — F.  H.  Bodenius. 

Inspector — Hugo  Mueller. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


41 


1891- 1892. 

Wm.  R.  Bagley,  Jabe  Alford,  Jas.  J.  Gleason. 

Health  Officer — F.  H.  Bodenius. 

Inspector — Wm.  Trainor. 

1892- 1893. 

J.  L.  W.  Newton,  President;  Jas.  J.  Gleason,  Secretary;  Cfias.  W. 
Heyl. 

Health  Officer— W.  W.  Gill. 

Inspector — Wm.  Trainor. 

1893- 1894. 

Walter  C.  Noe,  President;  J.  J.  Gleason,  Secretary;  J.  D.  Hayes. 
Health  Officer— W.  W.  Gill. 

Inspector — Wm.  Trainor. 

1894- 1895. 

Walter  C.  Noe,  President;  M.  J.  Hoven,  Secretary;  J.  D.  Hayes. 
Health  Officer — Philip  Fox. 

Inspector — Wm.  Trainor. 

1895- 1896. 

M.  J.  Hoven,  President;  C.  E.  Brown,  Secretary;  J.  D.  Hayes. 
Health  Officer — -Philip  Fox. 

Inspector — Win.  Trainor. 

1896- 1897. 

M.  J.  Hoven,  President;  J.  E.  Hayes,  Secretary;  Fred.  N.  Simon. 
Health  Officer — Philip  Fox. 

Inspector — Wm.  Trainor. 

1897- 1898. 

Fred  N.  Simon,  President;  J.  W.  Conklin,  Secretary;  J.  E.  Hayes. 
Health  Officer — 'Philip  Fox. 

Inspector — Wm.  Trainor. 

1898- 1899. 

W.  H.  Lansing,  President;  Jos.  C.  Schubert,  Secretary;  Fred.  N. 
Simon. 

Health  Officer — 'Philip  Fox. 

Inspector — Wm.  Trainor. 


42 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1900- 1901. 

Fred  N.  Simon,  President;  Fred  Klein,  Secretary;  S.  A.  Nielson. 
Health  Officer — Philip  Fox. 

Inspector — Win.  Trainor. 

1901- 1902. 

J.  E.  Hayes,  President;  S.  A.  Nielson,  Secretary;  Fred  Klein. 
Health  Officer — Philip  Fox. 

Inspector — Wm.  Trainor. 


1902- 1903. 

S.  E.  Sparling,  President;  Frank  Smith,  Secretary;  Fred  Simon. 
Health  Officer — Harry  Purcell. 

Inspector — Wm.  Trainor. 

1903- 1904. 

F.  F.  Bowman,  President;  S.  E.  Sparling,  Secretary;  W.  H.  Lansing. 
Health  Officer — J.  C.  Sommers. 

Inspector — Wm.  Trainor. 


1904-1905. 

W.  H.  Lansing,  President;  Chas.  O’Neill,  Secretary;  W.  R.  Mac¬ 
kenzie. 

Health  Officer — J.  C.  Sommers. 

Inspector — Wm.  Trainor. 


LIST  OF  OFEICEES  OF  THE  CITY  OF  MADISON. 


43 


MADISON  FREE  LIBRARY. 


DIRECTORS,  LIBRARIANS  AND  ASSISTANTS. 

1875. 

if  t 

l 

J.  C.  Ford,  President;  Wm,  F.  Allen,  Secretary;  H.  M.  Lewis,  A.  B. 
Braley,  G.  P.  Delaplaine,  J.  R.  Baltzell,  J.  J.  Suhr,  Andrew  Sexton, 
Frank  H.  Firmin.  Librarian:  Virginia  C.  Robbins. 

1876. 

H.  M.  Lewis,  President;  G.  P.  Delaplaine,  Vice  President;  Wm.  F.  Al¬ 
len,  Secretary;  A.  B.  Braley,  J.  C.  Ford,  J.  R.  Baltzell,  Andrew 
Sexton,  J.  J.  Suhr,  F.  H.  Firmin.  Librarian:  Virginia  C.  Robbins. 

1877. 

H.  M.  Lewis,  President;  A.  B.  Braley,  Vice  President;  Wm.  F.  Allen, 
Secretary;  J.  J.  Suhr,  J.  R.  Baltzell,  J.  C.  Ford,  F.  H.  Firmin, 
Andrew  Sexton.  Librarian:  Jenny  Field. 

1878. 

II.  M.  Lewis,  President;  A.  B.  Braley,  Vice  President;  Wm.  F.  Allen, 
Secretary;  J.  R.  Baltzell,  Geo.  P.  Delaplaine,  J.  J.  Suhr,  F.  H.  Fir¬ 
min,  J.  C.  Ford,  Andrew  Sexton.  Librarian:  Mrs.  Laura  H.  Feu- 
ling. 


1879. 

H.  M.  Lewis,  President;  A.  B.  Braley,  Vice  President;  Wm.  F.  Allen, 
Secretary;  J.  R.  Baltzell,  Geo.  P.  Delaplaine,  Andrew  Sexton,  J.  C. 
Ford,  J.  J.  Suhr,  F.  H.  Firmin.  Librarian:  Ella  A.  Giles;  As¬ 
sistant:  Minnie  M.  Oakley. 

1880—1881—1882. 

H.  M.  Lewis,  President;  A.  B.  Braley,  Vice-President;  Wm.  F.  Allen, 
Secretary;  J.  R.  Baltzell,  Andrew  Sexton,  J.  J.  Suhr,  C.  N.  Gregory, 
F.  H.  Firmin.  Librarian:  Ella  A.  Giles.  Assistant:  Minnie  M. 
Oakley. 


44 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


1883. 

H.  M.  Lewis,  President;  A.  B.  Braley,  Vice-President;  J.  J.  Suhr,  Sec¬ 
retary;  J.  R.  Baltzell,  W.  F.  Allen,  G.  P.  Delaplaine,  F.  H.  Firmin, 
C.  N.  Gregory,  Andrew  Sexton.  Librarian:  Ella  A.  Giles;  Assist¬ 
ant:  Minnie  M.  Oakley. 


1884. 

H.  M.  Lewis,  President;  A.  B.  Braley,  Vice-President;  J.  J.  Suhr,  Sec¬ 
retary;  J.  R.  Baltzell,  C.  N.  Gregory,  Wm.  F.  Allen,  Andrew  Sexton, 
F.  H.  Firmin,  G.  P.  Delaplaine.  Librarian:  Minnie  M.  Oakley; 
Assistant:  Daisy  Greenbank. 


1885—1886—1887. 

H.  M.  Lewis,  President;  A.  B.  Braley,  Vice-President;  J.  J.  Suhr,  Sec¬ 
retary;  Wm.  F.  Allen,  J.  R.  Baltzell,  C.  N.  Gregory,  G.  P.  Dela¬ 
plaine,  Philip  Fox,  F.  K.  Conover.  Librarian:  Minnie  M.  Oakley; 
Assistant:  Daisy  Greenbank. 


1888. 

H.  M.  Lewis,  President  (resigned  July,  1888),  John  R.  Baltzell,  elected; 
A.  B.  Braley,  Vice-President;  J.  J.  Suhr,  Secretary;  W.  F.  Allen, 
J.  R.  Baltzell,  C.  N.  Gregory,  G.  P.  Delaplaine,  Philip  Fox,  F.  K. 
Conover.  Librarians:  Minnie  M.  Oakley,  Sophie  M.  Lewis;  As- 
ant:  Georgia  R.  Hough. 


1889. 

John  R.  Baltzell,  President;  G.  P.  Delaplaine,  Vice-President;  J.  J. 
Suhr,  Secretary;  H.  M.  Lewis  C.  N.  Gregory,  Wm.  F.  Allen,  Philip 
Fox,  F.  K.  Conover,  S.  U.  Pinney.  Librarian:  Sophie  M.  Lewis; 
Assistant:  Georgia  R.  Hough. 

1890—1891—1892. 

J.  R.  Baltzell,  President;  G.  P.  Delaplaine,  Vice-President;  Sophie  M. 
Lewis,  Secretary;  H.  M.  Lewis,  E.  A.  Birge,  J.  J.  Suhr,  F.  K.  Con¬ 
over,  Philip  Fox,  C.  N.  Gregory.  Librarian:  Sophie  M.  Lewis; 
Assistant:  Georgia  R.  Hough. 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON. 


45 


1893. 

E.  A.  Birge,  President;  G.  P.  Delaplaine,  Vice-President;  F.  W.  Hall, 
Secretary;  H.  M.  Lewis,  J.  J.  Suhr,  F.  K.  Conover,  Philip  Fox, 
C.  N.  Gregory.  Librarian:  Sophie  M.  Lewis  (resigned  May  20, 
1893);  Assistant:  Georgia  R.  Hough;  Librarian:  Georgia  R. 
Hough  (elected  May  21,  1893);  Assistant:  Zilpha  M.  Vernon. 

1894. 

E.  A.  Birge,  President;  G.  P.  Delaplaine,  Vice-President;  Frank  W. 
Hall,  Secretary;  C.  N.  Gregory,  F.  K.  Conover,  W.  A.  P.  Morris, 
H.  M.  Lewis,  Philip  Fox,  J.  J.  Suhr.  Librarian:  Georgia  R. 
Hough;  Assistant:  Zilpha  M.  Vernon. 


1895. 

E.  A.  Birge,  President;  J.  J.  Suhr,  Vice-President;  F.  W.  Hall,  Secre¬ 
tary;  H.  M.  Lewis,  C.  N.  Gregory,  F.  K.  Conover,  Philip  Fox, 
W.  A.  P.  Morris.  Librarian:  Georgia  R.  Hough;  Assistant: 
Zilpha  M.  Vernon. 


1896-1897. 

E.  A.  Birge,  President;  J.  J.  Suhr,  Vice-President;  F.  W.  Hall, -Secre¬ 
tary;  H.  M.  Lewis,  W.  A.  P.  Morris,  John  Corscot,  Philip  Fox,  C.  N. 
Gregory,  F.  K.  Conover.  Librarian:  Georgia  R.  Hough;  Assistant: 
Zilpha  M.  Vernon. 


1898. 

E.  A.  Birge,  President;  J.  J.  Suhr,  Vice-President;  F.  W.  Hall,  Secre¬ 
tary;  H.  M.  Lewis,  W.  A.  P.  Morris,  John  Corscot,  Philip  Fox,  C.  X. 
Gregory,  F.  K.  Conover.  Superintendent:  R.  B.  Dudgeon,  ex-ofRcio; 
Librarian:  Georgia  R.  Hough;  Assistant:  Zilpha  M.  Vernon. 


1899-1900. 

E.  A.  Birge,  President;  J.  J.  Suhr,  Vice-President;  F.  W.  Hall,  Secre¬ 
tary;  H.  M.  Lewis,  W.  A.  P.  Morris,  John  Corscot,  Philip  Fox,  F.  K. 
Conover,  Chas.  F.  Lamb.  Superintendent:  R.  B.  Dudgeon,  ex- 
officio;  Librarian:  Georgia  R.  Hough;  Assistant*.  Emma  Gattiker. 


46 


LIST  OF  OFFICERS  OF  THE  CITY  OF  MADISON-. 


4- 


1901. 

E.  A.  Birge,  President;  H.  M.  Lewis,  Vice-President;  F.  W.  Hall,  Sec¬ 
retary;  W.  A.  P.  Morris,  John  Corscot,  F.  A.  Hutchins,  F.  K.  Con¬ 
over,  E.  O.  Kney,  F.  H.  Edsall.  Superintendent:  R.  B.  Dudgeon, 
ex-officio.  Librarian:  Georgia  R.  Hough;  Assistant:  Virginia  C. 
Baltzell. 

1902. 

E.  A.  Birge,  President;  H.  M.  Lewis,  Vice-President;  F.  W.  Hall,  Sec¬ 
retary;  F.  K.  Conover,  John  Corscot,  W.  A.  P.  Morris,  F.  H.  EdseP, 

E.  O.  Kney,  F.  A.  Hutchins.  Superintendent:  R.  B.  Dudgeon 
ex-officio.  Librarian:  Bertha  Brown;  Librarian  Circulating  Depart¬ 
ment:  Georgia  R.  Hough;  Assistant:  Virginia  C.  Baltzell. 

1903. 

E.  A.  Birge,  President;  H.  M.  Lewis,  Vice-President;  F.  W.  Hall,  Sec¬ 
retary;  E.  O.  Kney,  Treasurer;  F.  K.  Conover,  F.  H.  Edsall,  F.  A. 
Hutchins,  P.  B.  Knox,  F.  L.  Gilbert;  Superintendent:  R.  B.  Dudg¬ 
eon,  ex-officio.  Librarian:  Julia  A.  Hopkins;  Librarian:  Circulat¬ 
ing  Department:  Georgia  R.  Hough;  Librarian  Children’s  De¬ 
partment’  Hannah  C.  Ellis;  Assistants:  J.  E.  Goodwin,  Vir¬ 
ginia  C.  Baltzell,  Grace  Sumner. 

1904. 

E.  A.  Birge,  President;  H.  M.  Lewis,  Vice-President;  F.  W.  Hall,  Sec¬ 
retary;  F.  K.  Conover,  E.  O.  Kney,  F.  IT.  Edsall,  F.  A.  Hutchins, 

F.  L.  Gilbert,  J.  M.  Naughtin.  Superintendent:  R.  B.  .Dudgeon, 
ex-officio;  Librarian:  Julia  A.  Hopkins;  Librarian  Circulating 
Department:  Georgia  R.  Hough;  Librarian  Children’s  Department: 
Hannah  C.  Ellis;  Assistants:  J.  E.  Goodwin,  Virginia  C.  Baltzell, 
Grace  Sumner. 


CHARTER. 


CHAFl'EK  36,  LAWS  UF  1882,  AS  AMENDED. 


AN  ACT  TO  CONSOLIDATE  AND  AMEND  CHAPTER  322,  LAWS  OF 
1880,  AN  ACT  TO  CONSOLIDATE  AND  AMEND  AN  ACT  TO 
INCORPORATE  THE  CITY  OF  MADISON,  AND  THE  SEVERAL 
ACTS  AMENDATORY  THEREOF. 


The  people  of  the  state  of  Wisconsin represented  in  senate  and 
assembly ,  do  enact  as  follows^ 

CHAPTER  I. 

CITY  OF  MADISON - ITS  CORPORATE  POWERS. 

Section  1.  All  that  district  of  country  in  the  county  of 
Dane,  hereinafter  described,  from  and  after  the  seventh  dav 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred  and  fifty-six,  shall  be  a  city  by  the  name  of  Madison, 
and  the  people  now  inhabiting  and  those  who  shall  inhabit  said 
district  shall  be  a  municipal  corporation  by  the  name  of  the 
city  of  Madison,  and  shall  have  the  general  powers  possessed  by 
municipal  corporations  at  common  law,  and  in  addition  thereto 
shall  have  and  possess  the  powers  hereinafter  specifically  granted, 
and  the  authorities  thereof  shall  have  perpetual  succession  and 
shall  be  capable  of  contracting  and  being  contracted  with,  suing 
and  being  sued,  pleading  and  being  impleaded,  in  all  courts  of 
law  and  equity,  and  shall  have  a.  common  seal  and  may  change 
and  alter  the  same  at  pleasure. 


48 


MADISON  CITY  CHARTER. 


CITY  BOUNDARIES. 

Section  2.  All  of  section  six  (6)  except  the  east  half  of 
the  southeast  quarter;  all  of  section  seven  (7)  except  the  east 
half  of  the  northeast  fractional  quarter,  in  township  number 
seven  (7)  north,  of  range  number  ten  (10)  east;  lots  three  (3) 
and  four  (4)  in  the  southeast  quarter  of  section  twelve  (12)  ; 
also  the  southeast  quarter  of  the  southeast  quarter  of  section 
twelve  (12)  ;  all  of  sections  thirteen  (13)  and  fourteen  (14), 
twenty-three  (23)  and  twenty-four  (24)  ;  all  of  the  south  frac¬ 
tional  half  of  section  fifteen  (15)  ;  the  east  fractional  half  of 
section  twenty-two  (22)  ;  the  east  fractional  half  of  the  south¬ 
west  quarter  of  section  twenty-two  (22),  and  that  part  of  the 
northwest  quarter  of  section  twenty-two  (22),  that  lies  north  of 
the  Milwaukee  and  Prairie  du  Chien  railroad ;  so  much  of  the 
north  part  of  the  west  half  of  the  northwest  quarter  of  section 
twenty-six  (26)  as  is  covered  by  the  recorded  plat  of  “Greenbush 
addition  to  the  village  of  Madison,’’  and  the  northeast  fractional 
quarter  of  section  twenty-seven  (27),  in  township  number  seven 
(7)  north,  of  range  number  nine  (9)  east,  of  the  fourth  principal 
meridian,  in  the  state  of  Wisconsin,  together  with  the  entire  sur¬ 
face  of  Lakes  Mendota  and  Monona  to  the  shores  at  high  water 
mark  around  the  same,  shall  be  included  in  and  constitute  the 
limits  of  the  city  of  Madison. 

This  section  is  amended  and  affected  by  chapter  244,  Laws  of  1883 
(see  p.  145;  chapters  3G2,  Laws  of  1885  (see  p.  146),  234,  Laws  of  1893 
(see  p.  146),  309,  Laws  of  1893  (see  p.  147),  changing  boundaries  for 
school  purposes  only;  and  by  ordinance  1296  (see  p.  156),  annexing 
territory  and  establishing  the  tenth  ward. 


WARD  BOUNDARIES. 

Section  3.  (As  amended  by  section  1  of  chapter  195,  Laws 
of  1885.)  The  city  of  Madison  shall  be  divided  into*  six  wards, 
as  follows,  to-wit:  All  that  part  of  the  said  city  lying  north  and 
west  of  lines  drawn  through  the  center  of  Wisconsin  and  Wash¬ 
ington  avenues,  Washington  street  and  the  Mineral  Point  road, 
as  far  as  Francis  street,  shall  constitute  and  be  known  as  the  first 


MADISON  CITY  CHARTER. 


49 


► 


ward.  All  that  part  of  said  city  lying  north  and  east  of  lines 
drawn  through  the  center  of  Wisconsin  and  Washington  avenues 
and  Winnebago  road  to  the  city  limits  shall  constitute  and  be 
known  as  the  second  ward.  All  that,  part  of  the  city  lying  west, 
south  and  east  of  a  line  drawn  through  the  center  of  Blount  street, 
Washington  and  Monona  avenues,  shall  constitute  and  be  known 
as  the  third  ward.  All  that  part  of  said  city  lying  south  and 
west  of  a  line  drawn  through  the  center  of  Washington  and 
Monona  avenues,  Washington  street  and  Mineral  Point  road, 
shall  constitute  and  be  known  as  the  fourth  ward.  All  that  part 
of  said  city  lying  west  of  Francis  street,  bounded  north  by  the 
Fourth  lake  and  south  by  the  Mineral  Point  road,  west  by  the 
city  limits,  shall  constitute  and  be  known  as  the  fifth  ward ;  and 
all  that  part  of  the  city  lying  south  and  east  of  a  line  drawn 
through  the  center  of  Blount  street  and  Washington  avenue  and 
Winnebago^  mad  shall  constitute  and  be  known  as  the  sixth  ward. 
The  common  council  may  by  ordinance  create  two  or  more  elec¬ 
tion  districts  in  any  of  the  wards  of  the  city,  whenever  they  shall 
deem  the  same  necessary. 

See  chapter  244,  Laws  of  1883,  detaching  a  part  of  fourth  ward  and 
making  same  a  part  of  the  Town  of  Madison  for  all  purposes,  p.  145, 
see  chapter  362,  Laws  of  1885,  adding  a  part  of  sec.  26,  Town  of  Madi¬ 
son,  to  fourth  ward  for  school  purposes  only,  p.  146;  see  ordinance  No. 
1139,  creating  1st  and  8th  wards,  p.  152;  see  ordinance  No.  1140,  creat¬ 
ing  2nd  and  7th  wards,  p.  153;  see  ordinance  No.  1279,  creating  4th  and 
9th  wards,  p.  155;  see  ordinance  No.  1296,  creating  10th  ward,  p.  156. 

COMMON  COUNCIL. 


Section  4.  (As  amended  by  section  1  of  chapter  2G9,  Laws  of 
1887.)  The  corporate  authority  of  said  city  shall  be  vested  in 
one  principal  officer,  styled  the  mayor  ;  in  one  board  of  aldermen, 
consisting  of  two  members  from  each  ward,  who  with  the  mayor, 
shall  be  denominated  the  common  council,  together  with  such 
other  officers  as  are  hereinafter  mentioned  or  may  be  created 
under  this  act. 

4 


50 


MADISON  CITY  CHARTER. 


CHAPTER  II. 

ELECTIVE  OFFICERS. 

Section  1.  (As  amended  by  section  2  of  chapter  269,  Laws 
of  1887.)  The  elective  officers  of  said  city  shall  be  a  mayor  and 
treasurer  for  the  city  at  large,  and  two  aldermen  and  one  justice 
of  the  peace  for  each  ward,*  which  said  officers  shall  hold  their 
respective  offices  as  follows :  The  mayor  and  treasurer  for  one 
year;  one  alderman  in  each  ward  and  justice  of  the  peace  for  two 
years.  The  mayor  and  treasurer  shall  be  qualified  voters  and 
residents  of  said  city,  and  the  ward  officers  shall  be  qualified 
voters  and  residents  of  the  respective  wards  for  which  they  are 
elected.  The  term  of  officers  shall  commence  on  the  third  Tues¬ 
day  in  April  in  each  year  in  which  such  officers  shall  have  been 
elected.  Each  of  said  officers  shall  continue  in  office  for  his 
respective  term  and  until  his  successor  is  elected  and  qualified, 
and  shall  have  such  powers  and  perform  such  duties  as  are  pre¬ 
scribed  in  this  act,  or  as  may  be  prescribed  in  any  ordinance  of 
said  city  not  inconsistent  with  this  act,  or  which  may  not  be  in¬ 
compatible  with  the  nature  of  their  respective  offices. f 

ANNUAL  ELECTIONS - HOW  CONDUCTED. 

Section  2.  The  qualified  voters  of  the  city  of  Madison  shall 
hold  an  election  on  the  first  Tuesday  of  April  in  each  year,  for 
the  election  of  city  and  ward  officers  herein  designated,  and  shall 
be  presided  over  by  the  inspectors  of  election  appointed  under  the 
general  laws  of  this  state,  who  shall  see  the  names  of  the  voters 
registered,  and  the  ballots  safely  deposited  in  the  ballot  box ; 
shall  decide  all  question  that  may  arise  as  to  the  legality  of  the 
votes  presented ;  shall  count  the  ballots  at  the  close  of  the  polls, 

*See  chapter  147,  Laws  of  1885,  allowing  justices  of  the  peace  to  keep 
offices  in  any  part  of  their  respective  cities,  148. 

t Affected  by  chapter  443,  Laws  of  1901,  lengthening  the  terms  of  cer 
tain  city  officers. 


MADISON  CITY  CHARTER. 


51 


and  shall  certify  and  seal  two  returns ;  and  the  day  following  the 
election  shall  direct  and  return  one  of  the  said  returns  to  the 
city  clerk  of  the  city  of  Madison,  and  the  other  to  the  county 
clerk  of  the  county  of  Dane.  The  mayor  of  the  city  and  such 
members  of  the  common  council  as  shall  hold  over,  shall  consti¬ 
tute  a  hoard  of  canvassers,  who  shall,  within  five  days  after  such 
election,  meet  at  the  common  council  chamber  and  canvass  such 
returns ;  and  after  the  aforesaid  returns  have  been  canvassed  by 
said  board,  the  mayor  shall  notify,  by  a  certificate,  the  persons 
elected  to  the  respective  offices.  The  polls  shall  be  kept  open  in 
the  respective  wards  from  nine  o’clock  in  the  forenoon  until  five 
in  the  afternoon.  Said  elections  shall  be  conducted  in  accord¬ 
ance  with  this  act,  and  with  the  existing  laws  of  the  state  of  Wis¬ 
consin,  and  any  frauds  or  violation  of  said  laws  at  such  elections 
shall  be  punishable  in  the  same  manner  as  any  violation  of  the 
election  laws  in  any  part  of  the  state.* 

VACANCIES - HOW  EIELED. 

Section  3.  In  the  event  of  a  vacancy  in  the  office  of  mayor, 
justice  of  the  peace  or  alderman,  by  death,  removal  or  other 
disability,  the  common  council  shall  order  a  new  election,  and 
shall  give  five  days’  notice  thereof.  Any  vacancy  in  other 
officers  shall  be  filled  by  the  common  council.  The  person  ap¬ 
pointed  or  elected  to  fill  a  vacancy,  shall  hold  the  office  and  dis¬ 
charge  the  duties  thereof  for  the  unexpired  term  with  the  same 
rights  and  subject  to  the  same  liabilities  as  the  person  whose 
office  he  may  be  elected  or  appointed  to  fill. 


ERECTION  BY  BAEEOTT - TIE  VOTE. 

Section  4.  All  elections  by  the  people  shall  be  by  ballot, 
and  plurality  of  votes  shall  constitute  an  election.  All  elections 
by  the  council  shall  be  viva  voce ,  except  as  hereinafter  provided. 
When  twoi  or  more  candidates  for  an  elective  office  shall  receive 

*See  section  49,  Wisconsin  Statutes  of  1898,  as  amended  by  chapter 
72,  Laws  of  1899,  and  and  chapter  404,  Laws  of  1901,  relating  to  the 
time  of  opening  and  closing  the  polls. 


52 


MADISON  CITY  CHARTER. 


an  equal  number  of  votes  for  the  same  office,  the  election  shall  be 
determined  by  the  casting  of  lots  in  the  presence  of  the  council, 
at  such  time  and  in  such  manner  as  it  may  direct. 

1/ 

QUALIFIED  ELECTORS. 

Section  5.  All  persons  who  are  qualified  electors  of  the 
state  of  Wisconsin  shall  be  deemed  qualified  electors  of  said  city 
and  ward. 

CHALLENGES - PENALTY  FOR  ILLEGAL  VOTING. 

Section  6.  If  either  of  the  inspectors  of  election  shall  sus¬ 
pect  that  any  person  offering  to  vote  does  not  possess  the  neces¬ 
sary  qualifications  of  an  elector,  or  if  such  vote  be  challenged  by 
an  elector,  the  inspector,  before  receiving  any  such  vote,  shall 
require  the  voter  offering  his  vote  to  take  the  following  oath : 
“You  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  you 
are  twenty-one  years  of  age;  that  you  are  a  citizen  of  the  United 
States  (or  have  declared  your  intention  to  become  a  citizen,  con¬ 
formably  to  the  laws  of  the  United  States  on  the  subject  of 
naturalization)  ;  that  you  have  resided  in  the  state  of  Wiscon¬ 
sin  one  year  next  preceding  this  election ;  and  that  you  are  a 
resident  of  this  ward,  and  that,  you  have  not  voted  at  this  elec¬ 
tion,  and  that  you  have  made  no  bet  or  wager  depending  on  the 
result  of  this  election. ”  And  if  the  person  offering  to  vote  shall 
take  such  oath,  his  vote  shall  be  received ;  and  if  such  person  shall 
take  such  oath  falsely,  he  shall  be  deemed  guilty  of  a  wilful 
and  corrupt  perjury,  and  upon  conviction  thereof  shall  suffer 
the  punishment  provided  by  law  for  persons  guilty  of  perjury. 
If  any  person  who  is  not  a  qualified  voter  shall  vote  at  any  elec¬ 
tion,  or  if  any  person  duly  qualified  shall  vote  in  any  other  ward 
than  the  one  in  which  he  resides,  or  shall  vote  more  than  once 
at  any  election,  he  shall  be  liable  to  prosecution,  and  on  convic¬ 
tion  thereof  shall  forfeit  and  pay  a  sum  not  exceeding  one  hun¬ 
dred  dollars  nor  less  than  twenty-five  dollars.  It  shall  be  the 
duty  of  the  inspectors  to  keep  a  list  of  the  names  of  all  persons, 
whose  vote  may  be  challenged  as  aforesaid,  and  shall  swear  in 
their  votes.  And  if  any  inspector  shall  knowingly  or  corruptly 


MADISON  CITY  CHARTER, 


53 


receive  the  vote  of  any  person  not  authorized  to  vote,  or  shall 
make  out  false  returns  of  any  election,  or  if  any  clerk  shall  not 
write  down  the  name  of  every  voter  as  he  votes,  or  shall  wilfully 
make  untrue  and  incorrect  counts  and  tallies  of  votes,  each  and 
every  inspector  or  clerk  shall  be  liable  to  prosecution,  and  on  con¬ 
viction  thereof  shall  severally  forfeit  and  pay  a  sum  not  exceed¬ 
ing  five  hundred  dollars,  nor  less  than  one  hundred  dollars.  All 
such  indictments  shall  be  tried  in  the  circuit  or  municipal  court 
for  the  county  of  Dane. 

SPECIAL  ELECTIONS. 

Section  7.  Special  elections  to  fill  vacancies,  or  for  any 
other  purpose,  shall  be  held  and  conducted  by  inspectors  of 
election,  as  provided  by  this  act,  and  returns  thereof  shall  be 
made  in  the  same  time,  form  and  manner  as  of  annual  elections. 

classification  of  aldermen. 

Section  8  (As  amended  by  section  2,  of  chapter  195,  Laws  of 
1885,  and  by  section  3  of  chapter  269,  Laws  of  1887).  The 
aldermen  of  each  ward  who  are  now  in  office  shall  continue  in 
office  until  the  expiration  of  the  terms  for  which  they  were  re¬ 
spectively  elected  ;  and  there  shall  be  elected  annually  on  the  first 
Tuesday  in  April,  in  each  ward,  one  alderman,  who  shall  hold 
his  office  for  two  years. 

WHEN  OFFICE  DEEMED  VACANT. 


Section  9.  Any  officer  removing  from  the  city,  and  any 
ward  officer  removing  from  the  ward  for  which  he  was  elected, 
and  any  officer  who  shall  neglect  or  refuse  to  qualify  on  or  before 
the  third  Tuesday  of  April  next  after  his  election,  shall  be 
deemed  to  have  vacated  his  office,  and  the  common  council  shall 
proceed  to  fill  such  vacancy  as  herein  provided.  All  officers  ap¬ 
pointed  or  elected  to  fill  any  vacancy  shall  enter  upon  the  duties 
of  such  office  immediatelv  after  receiving  notice  of  such  election 
or  appointment. 


54 


MADISON  CITY  CHARTED. 


CHAPTER  III. 

OATH  OF  OFFICE - OFFICIAL  BOND. 

Section  1.  Every  person  elected  or  appointed  to  any  office 
under  this  act  shall,  before  he  enters  upon  the  duties  of  his 
office,  take  and  subscribe  an  oath  of  office  and  file  the  same,  duly 
certified  by  the  officer  taking  the  same,  with  the  city  clerk,  and 
the  treasurer,  chief  of  police,  street  superintendent  and  justices 
of  the  peace,  and  such  officer  as  the  common  council  may  direct, 
shall  severally,  before  they  enter  upon  the  duties  of  their  re¬ 
spective  offices,  execute  to  the  city  of  Madison  a  bond,  in  such 
sum  and  with  such  security  and  such  conditions  as  the  common 
council  may  direct.  And  the  common  council  may  from  time 
to  time  require  new  or  additional  bonds,  and  remove  from  office 
anv  officer  refusing;  or  neglecting  to  give  the  same. 

MAYOR - IIIS  DUTIES - TO  APPOINT  POLICE - THEIR  COMPEN- 

i  SATION. 

Section  2.  (As  amended  by  section  4  of  chapter  269,  Laws 
of  1887.)  Hie  mayor,  when  present,  shall  preside  over  the  meet¬ 
ing  of  the  common  council,  shall  take  care  that  the  laws  of  the 
state  and  the  ordinances  of  the  city,  within  the  corporation,  are 
duly  enforced  and  observed,  and  that  all  officers  of  the  city  dis¬ 
charge  their  respective  duties.  He  shall  also  appoint  a  chief  of 
police  and  such  a  number  of  policemen  as  the  common  council 
at  their  first  regular  meeting  thereof  shall  determine,  which  ap¬ 
pointments  shall  be  approved  by  the  common  council  before  they 
shall  enter  upon  the  duties  of  their  office ;  and  the  compensation 
of  the  chief  of  police  shall  be  determined  by  the  common  council ; 
and  all  policemen  shall  receive  the  fees  allowed  to  constables  for 
the  same  services,  and  in  addition  shall  be  paid  such  compensa¬ 
tion  per  diem  as  the  common  council  may  determine.  The 
mayor  may  also  appoint  as  many  special  or  temporary  police  on 
election  days  or  other  public  or  unusual  occasions  as  he  may 
think  proper.  Such  special  policemen  shall  receive  for  their 


MADISON  CITY  CHARTER. 


55 


services  the  same  fees  allowed  by  law  to  constables  for  sim¬ 
ilar  services,  and  no  per  diem  shall  be  paid  to  any  special  police 
officer  of  the  city,  except  when  a  special  order  or  direction  of  the 
mayor  shall  be  given  for  that  purpose,  and  not  exceeding  one  dol¬ 
lar  per  diem  for  each  officer  so  ordered  to  be  compensated. 
When  any  such  order  or  direction  shall  be  given  by  the  mayor 
he  shall  report  the  fact  at  the  next  meeting  of  the  common 
council,  with  the  name  or  names  of  the  persons  so  to  be  com¬ 
pensated  for  such  service,  which  order  or  direction,  if  not  coun¬ 
termanded  by  the  mayor,  shall  continue  in  force  until  disap¬ 
proved  by  a  majority  of  all  the  members  elect  of  the  council. 
The  common  council  may  by  ordinance  prescribe  the  powers  and 
duties  of  police  and  other  peace  officers.  The  mayor  shall  com¬ 
municate  in  writing  to  the  common  council  once  a  year  such  in¬ 
formation  as  he  may  deem  necessary,  and  at  all  times  give  such 
information  as  the  common  council  may  require.* 


FIRST  MEETING  OF  THE  COUNCIL - TO  ELECT  PRESIDENT. 

Section  3.  At  the  first  meeting  of  the  common  council  in 
each  year,  or  as  soon  thereafter  as  may  be,  it  shall  proceed  to 
elect  by  ballot,  one  of  its  number  president,  and  in  the  absence 
of  the  mayor,  the  president  shall  preside  over  the  meetings  of  the 
common  council ;  and  during  the  absence  of  the  mayor  from  the 
city,  or  his  inability  from  any  reason  to  discharge  the  duties  of 
his  office,  the  said  president  shall  exercise  all  the  power  and  dis¬ 
charge  all  the  duties  of  mayor.  In  case  the  mayor  and  president 
shall  be  absent  at  any  meeting  of  the  common  council,  it  shall 
proceed  to  elect  a  temporary  presiding  officer,  who  for  the  time 
being  shall  discharge  the  duties  of  mayor.  The  president  or 
temporary  presiding  officer,  while  presiding  over  the  council,  or 
performing  the  duties  of  mayor,  shall  be  styled  acting  mayor, 
and  acts  performed  by  them  shall  have  the  same  force  and  valid¬ 
ity  as  if  performed  by  the  mayor.  But  the  president  of  the 
council  as  acting  mayor  shall  sign  no  order,  warrant  or  other 

See  secs.  959 — 40  to  959 — 46,  inclusive,  R.  S.  of  1898,  creating  po¬ 
lice  and  fire  commission,  etc. 


56 


MADISON  CJTY  CHARTER. 


-A- 


proceeding  whatever,  which  the  mayor  has  refused  to  sign  and 
communicated  such  refusal  to  the  council. 

CITY  CLERK - IIIS  DUTIES. 

Section  4.  The  common  council  shall  elect  a  city  clerk.  He 
shall  keep  the  corporate  seal,  and  all  the  papers  and  records  of 
the  city.  He  shall  attend  the  meetings  and  keep  a  record  of  the 
proceedings  of  the  common  council.  The  records  of  the  common 
council  kept  by  him  shall  be  evidence  in  all  legal  proceedings, 
and  copies  of  all  papers  filed  in  liis  office,  and  transcripts  from 
the  records,  certified  by  him  under  the  corporate  seal  shall  be  evi¬ 
dence  in  all  courts,  in  like  manner  as  if  the  original  were  pro¬ 
duced.  He  shall  keep  a,  full  and  accurate  account  of  all  certifi¬ 
cates  of  appropriations  and  orders  drawn  on  the  city  treasury, 
in  a  book  provided  for  that  purpose,  and  shall  also  keep  an  ac¬ 
curate  account  with  the  treasurer  and  charge  him  with  all  the 
tax  lists  delivered  to  him  for  collection,  and  all  sums  of  money 
paid  into  the  treasury.  Whenever  the  clerk  shall  be  absent  from 
any  meeting,  the  city  council  may  appoint  a  clerk  pro  tern.  The 
city  clerk  shall  have  power  and  authority  to  administer  oaths  and 
affirmations. 


TREASURER - IIIS  DUTIES. 

Section  5.  (As  amended'  by  section  5,  of  chapter  269,  Laws 
of  1887.)  The  treasurer  shall  receive  all  moneys  belonging  to  the 
city,  and  keep  an  accurate  and  detailed  account  thereof,  together 
with  an  account  of  all  disbursements  in  such  manner  as  the  com¬ 
mon  council  shall  direct.  He  shall  report  to  the  common 
council  as  often  as  is  required  and  annually  at  least  ten 
days  before  the  election,  a  full  and  detailed  account  of  all  re¬ 
ceipts  and  expenditures  after  the  date  of  the  last  annual  report, 
and  also  of  the  state  of  the  treasury,  which  statement  shall  be 
filed  with  the  clerk ;  and  the  duties  pertaining  to  said  office  of 
treasurer  shall  not  be  performed  by  any  other  officer  of  said  city. 
The  compensation  of  such  treasurer  shall  be  twelve  hundred  dol¬ 
lars  annually,  and  at  that  rate  for  parts  of  a  year.  And  all  the 
fees  and  percentages  heretofore  charged  and  collected  by  such 
treasurer  shall  still  be  charged  and  collected  by  him,  and  when 


MADISON  CITY  CHARTER. 


57 


so  collected  no  part  thereof  shall  belong  to  such  treasurer,  but  the 
same  shall  be  paid  into  the  city  treasury  for  the  benefit  of  the 
city,  and  the  salary  of  such  treasurer  shall  he  paid  in  full  for  all 
his  services  as  such  treasurer,  and  shall  he  paid  at  such  time  or 
times  as  the  common  council  may  determine. 

CHIEF  OF  POLICE - POLICEMEN - THEIR  DUTIES. 

Section  6.  (As  amended  by  section  3  of  chapter  195,  Laws  of 
1885,  and  by  section  6  of  chapter  209,  Laws  of  1887.)  The 
chief  of  police  shall  perform  such  duties  as  shall  be  prescribed 
by  ordinance  for  the  preservation  of  the  public  peace,  the  collec¬ 
tion  of  all  fines  and  license  moneys,  and  the  inspection  of  side¬ 
walks,  to  keep  them  in  necessary  and  good  repair,  and  enforce 
all  the  ordinances  and  regulations  for  cleaning  sidewalks  and 
keeping  them  free  from  snow  and  ice.  He  shall  possess  the 
power  of  a  constable  at  common  law,  of  by  the  laws  of  this  state, 
and  receive  like  fees.  The  policemen  shall  he  under  the  control 
and  direction  of  the  mayor  and  chief  of  police,  and  shall  have 
all  the  powers  and  perform  all  the  duties  of  a  constable,  under 
the  laws  of  the  state  of  Wisconsin;  provided,  that  the  chief  of 
police  and  policemen  shall  not  go  beyond  the  city  limits  to  make 
arrests  or  serve  any  process,  unless  the  cause  for  making  such 
arrest  or  issuing  such  process  arise  within  the  city.* 

MAY  REQUIRE  OTHER  DUTIES. 

Section  7.  The  common  council  shall  have  power  from  time 
to  time  to  require  other  and  further  duties  to  be  performed  by 
any  officer  whose  duties  are  herein  prescribed ;  and  to  appoint 
such  other  officers  as  may  he  necessary  to  carry  into  effect  the  pro¬ 
visions  of  this  act,  and  to  prescribe  their  duties,  and  to  fix  the 
compensation  of  all  officers  elected  or  appointed  by  it,  such  com¬ 
pensation  to  be  fixed  by  resolution  at  the  time  the  office  is  created, 
or  at  the  commencement  of  the  year,  and  shall  not  be  increased  or 
diminished  during  the  term  such  officer  shall  remain  in  office. 

*See  secs.  959 — 40  to  959 — 4G.  inclusive,  R.  S.  of  1898,  creating  Police 
and  Fire  Commission. 


58 


MADISON  CITY  CHARTER. 


PRINTING  TO  BE  LET  TO  LOWEST  BIDDER. 

Section  8.  Tlie  common  council  shall  annually  provide 
that  all  printing  authorized  or  required  by  it  to  be  done  for 
its  use  or  for  the  city  shall  be  let  by  contract  to  the  lowest 
bidder  for  the  term  of  one  year,  but  no  bid  therefor  shall  be 
considered  unless  made  by  the  publisher  of  a  daily  newspaper, 
printed  and  published  in  the  city  of  Madison,  unless  the  bids 
of  such  publishers  shall  be  higher  than  the  rates  of  legal  ad¬ 
vertising  as  fixed  by  law,  or  unless  such  publishers  shall  fail 
to  bid.  All  ordinances  and  other  proceedings  required  by  this 
act,  or  by  the  laws  or  ordinances  of  the  common  council,  to  he 
published,  shall  be  published  in  the  newspaper  selected  under 
the  provisions  of  this  section.  And  the  printer  of  said  news¬ 
paper  shall,  either  in  person  or  by  his  foreman,  file  with  the 
clerk  of  the  city  his  or  their  affidavits  of  the  length  of  time 
said  ordinance,  by-law  or  proceeding  has  been  published ;  and 
such  affidavits  shall  be  prima  facie  evidence  of  the  publication 
of  such  notice,  ordinance,  proceeding  or  by-law.* 

7  7  l  O  tJ 

BOOKS,  ETC.,  TO  BE  DELIVERED  TO  SUCCESSOR. 

Section  9.  If  any  person,  having  been  an  officer  in  said 
city,  shall  not,  within  ten  days  after  notification  and  request, 
deliver  to  his  successor  in  office  all  property,  moneys,  books, 
papers  and  effects  of  every  description  in  his  possession  be¬ 
longing  to  said  city  or  pertaining  to  the  office  he  may  have  held, 
he  shall  forfeit  and  pay  one  hundred  dollars,  besides  all  dam¬ 
ages  caused  by  his  neglect  or  refusal  so  to  deliver ;  and  such 
successor  may  recover  possession  of  such  books,  papers  and 
effects  in  the  manner  prescribed  by  the  laws  of  this  state. 


PExVCE  OFFICERS. 

Section  10.  The  mayor,  sheriff  of  Dane  county,  each  and 
every  alderman,  justice  of  the  peace,  policeman  and  watchman, 
shall  be  officers  of  the  peace,  and  suppress  in  a  summary  manner 


*See  sec.  925 — 46  (a),  R.  S.,  1898,  and  chapter  176,  Laws  of  1895. 


MADISON  CITY  CHARTER. 


59 


all  rioting  and  disorderly  behavior  within  the  limits  of  the  city ; 
and  for  such  purposes  may  command  the  assistance  of  all  by¬ 
standers',  and  if  need  be  of  all  citizens.  If  any  person  or  by¬ 
stander  shall  refuse  to  aid  in  maintaining  the  peace,  when  so 
required,  every  such  person  shall  forfeit  and  pay  a  line  of  fifty 
dollars ;  and  in  case  the  civil  power  may  be  required  to  suppress 
riot  or  disorderly  behavior,  the  superior  or  senior  officer  present, 
in  the  order  above  mentioned  in  this  section,  shall  dirct  the  pro¬ 
ceedings. 

MAY  ELECT  STREET  SUPERINTENDENT,  SURVEYOR,  ATTORNEY 

AND  BOARD  OF  EDUCATION. 

Section  11.  On  the  third  Tuesday  of  April,  in  each  year, 
or  within  ten  days  thereafter,  the  common  council  may  elect 
one  superintendent  of  streets  and  a  city  surveyor,  and  a  city 
attorney,  and  at  the  same  time  the  said  council  shall  elect  one 
of  its  number  to  be  e  member  of  the  board  of  education,  each 
one  of  whom  shall  hold  his  office  until  the  next  third  Tuesday 
in  April ;  and  the  common  council  shall  have  power  to  fill,  from 
time  to  time,  vacancies  that  may  exist  in  said  offices. 

7  f-1 


SHALL  ELECT  ASSESSOR. 

Section  12.  The  common  council  shall,  on  the  first  Mondays 

of  September  in  each  year,  or  within  twenty  days  thereafter, 

elect  one  assessor,  who  shall  hold  his  office  for  the  term  of  one 

year. 

«/ 


DUTIES  OF  ASSESSORS. 

Section  13.  (As  amended  by  section  4,  of  chapter  195,  Laws 
of  1885,  and  by  section  7,  of  chapter  269,  Laws  of  1887.)  The 
assessor  so  elected  shall  assess  all  the  taxable  property  of  the  city 
of  Madison,  as  required  by  law,  .without  regard  to  wards,  and 
shall  complete  and  return  his  assessment  roll  to  the  common 
council  on  the  day  fixed  hy  the  general  laws  of  this  state.  The 
.assessor  shall  receive  for  his  services  such  compensation  as  the 
common  council  shall  determine,  not  exceeding  the  sum  of  ten 
hundred  dollars  for  the  term  for  which  he  was  elected. 


60 


MADISON  CITY  CHARTER. 


Section  14.  The  superintendent  of  streets  shall  perform 
the  duties,  and  under  the  restrictions  and  for  the  compensation 
prescribed  in  section  seven  of  chapter  six  of  this  act,  and  such 
other  duties  as  may  he  required  of  him  by  this  act  and  the 
ordinances  of  said  city,  not  inconsistent  with  this  act. 

ADD  PLANS,  ETC. - CITY  PROPERTY. 

Section  15.  The  city  surveyor  shall  be  a  practical  sur¬ 
veyor  and  engineer.  He  shall  keep  his  office  at  some  convenient 
place  within  said  city,  and  the  common  council  shall  prescribe 
the  duties  and  fix  the  fee  and  compensation  for  any  service  per¬ 
formed  by  him.  All  surveys,  profiles,  plans  and  estimates  made 
by  him  for  the  city  shall  he  the  property  of  the  city,  and  shall 
he  carefully  preserved  in  the  office  of  the  surveyor,  open  to  the 
inspection  of  the  parties  interested,  and  the  same,  together  with 
all  the  books  and  papers  appertaining  to  said  office,  shall  he 
delivered  over  by  the  surveyor  at  the  expiration  of  his  term  of 
office,  to  his  successor  or  the  common  council. 


CHAPTER  IV. 

COMMON  COUNCIL. 

Section  1.  The  mayor  and  aldermen  shall  constitute  the 
common  council,  and  the  style  of  all  ordinances  shall  he,  “The 
common  council  of  the  city  of  Madison  do  ordain,”  etc.  The 
common  council  shall  meet  at  such  time  and  place  as  it  by  resolu¬ 
tion  shall  direct.  A  majority  of  the  aldermen  shall  constitute 
a  quorum. 


STATED  AND  SPECIAL  MEETINGS. 

Section  2.  The  common  council  shall  hold  stated  meetings, 
and  the  mayor  may  call  special  meetings,  by  notice  to  each  of 
the  members,  to  he  served  personally  or  left  at  their  usual  places 


MADISON  CITY  CHARTER. 


61 


of  abode.  The  common,  council  .shall  determine  the  rules  of  its 
own  proceedings,  and  be  the  judge  of  the  election  and  qualifi¬ 
cation  of  its  own  members,  and  have  power  to  compel  the  at¬ 
tendance  of  absent  members  and  enforce  its  rules;  to  punish  by 
fine  and  imprisonment,  by  a  vote  of  two-thirds  of  its  members, 
any  member  for  disorderly  or  contemptuous  conduct  and  by  a 
vote  of  two-thirds  its  members  may  expel  any  member  for 
cause. 


GENERAL  POWERS  OF  COUNCIL. 

Section  3.  The  common  council  shall  have  the  control  and 
management  of  the  finances  and  of  all  property  of  the  city,  and 
shall  likewise,  in  addition  to  the  powers  herein  vested  in  it,  have 
full  power  to  make,  enact,  ordain,  establish,  publish,  enforce, 
alter,  modify,  amend  and  repeal  all  such  ordinances^  rules  and 
by-laws  for  the  government  and  good  order  of  the  city,  for  the 
suppression  of  vice  and  immorality,  for  the  prevention  of 
crime,  and  for  the  benefit  of  the  trade,  commerce  and  health, 
as  it  shall  deem  expedient;  declaring  and  imposing  penalties, 
and  to  enforce  the  same  against  any  person  or  persons  who  may 
violate  any  of  the  provisions  of  such  ordinance,  rule  or  by-law, 
and  such  ordinances,  rules,  and  by-laws  are  hereby  declared  to  be 
and  have  the  force  of  law ;  provided,  they  are  not  repugnant  to 
the  constitution  and  laws  of  the  Uni  ted  S1  tales  or  of  this  state, 
and  for  these  purposes  shall  have  authority  by  ordinances,  resolu¬ 
tions  or  by-laws : 


LICENSE  SHOWMEN,  ETC. 

1st.  (As  amended  by  section  5,  of  chapter  195,  Laws  of 
1885,  and  by  section  1,  of  chapter  244,  Laws  of  1889.)  To 
license  and  regulate  the  exhibition  of  common  showmen  or  shows 
of  any  kind,  or  the  exhibitions  of  caravans,  circuses,  theatrical 
performances,  billiard  tables  and  bowling  saloons,  and  to  pro¬ 
vide  for  the  abatement  and  removal  of  nuisances  under  the 
ordinances,  or  at  common  law,  and  to  grant  licenses  for  selling 
spirituous  liquors,  and  to  regulate  and  license  groceries,  taverns 
and  victualing  houses,  and  all  persons  vending  or  dealing  in 


62 


MADISON  CITY  CHARTER. 


spirituous,  vinous  or  fermented  liquors,  and  to  revoke  the  same 
for  violation  thereof ;  and  provide  for  licensing  annually  all 
persons  engaged  in  the  retail  of  any  manufactured  articles  on 
the  public  streets  of  said  city ;  and  provide  for  licensing  all 
persons  engaged  in  buying  any  merchandise,  goods,  wares  and 
meats,  and  exposing  and  offering  the  same  for  sale  on  the  public 
streets  in  the  city ;  provided,  that  nothing  contained  in  this 
section  shall  be  construed  to  empower  the  common  council  to 
require  a  license  of  any  farmer  or  gardener  for  the  sale  of  any 
meats  or  produce  of  his  own  raising  or  manufacture.  The  license 
herein  provided  for  shall  not  be  for  a  shorter  period  than  one 
year,  and  shall  be  not  less  than  the  minimum  sum  now  charged 
by  the  laws  of  this  state  for  the  same. 

PROHIBIT  GAMING. 

2d.  To  restrain  and  prohibit  all  descriptions  of  gaming  and 
fraudulent  devices  and  practices,  and  all  playing  of  cards,  dice 
and  other  games  of  chance,  for  the  purpose  of  gaming  in  said 
city,  and  to  restrain  any  person  from  vending,  giving  or  dealing 
in  spirituous  or  vinous  liquors,  unless  duly  licensed  by  the  com¬ 
mon  council. 


PREVENT  RIOTS_,  ETC. 

3d.  To  prevent  any  riots,  noise,  disturbances  or  disorderly 
assemblages,  suppress  and  restrain  disorderly  houses  or  gro¬ 
ceries,  and  houses  of  ill-fame,  and  to  authorize  the  destruction 
of  all  instruments  used  for  the  purpose  of  gaming. 

CEEANSE  NAUSEOUS  PEACES. 

4th.  To  compel  the  owner  or  occupant  of  any  grocery, 

cellar,  tallow  chandler  shop,  soap  factory,  tannery,  stable,  barn, 

privy,  sewer,  or  other  unwholesome  or  nauseous  house  or  place, 

to  cleanse,  remove  or  abate  the  same  from  time  to  time,  as  often 

as  it  mav  be  necessarv  for  the  health,  comfort  and  convenience 

of  the  inhabitants  of  said  city. 

« * 


MADISON  CITY  CHARTER. 


6a 


LOCATE  SLAUGHTER  HOUSES.' 

5th.  (As  amended  by  section  6,  of  chapter  195,  Laws  of 
1885.)  To  direct  the  location  and  management  of  slaughter¬ 
houses  and  markets,  and  to  prevent  the  erection  of  and  use  or 
occupation  of  the  same,  where  the  offal  or  filth  thereof  shall 
discharge  into  the  waters  of  the  lakes  or  Catfish ;  or  whenever 
the  use  ot  occupation  of  the  same  becomes  injurious  to  the  public 
health  in  the  judgment  of  the  common  council;  and  to  establish 
rates  for,  and  license  vendors  of  gunpowder,  and  regulate  the 
storage,  keeping  and  conveying  of  the  same  or  other  explosive 
materials. 

GRADE  STREETS. 

6th.  To  provide  for  the  making,  grading,  improving  and 
repairing  the  streets  of  the  city  of  Madison,  and  to  provide  for 
the  making,  constructing  and  repairing  gutters  and  sidewalks 
in  said  city,  and  to  prevent  the  encumbering  of  the  streets, 
sidewalks,  lanes  and  alleys  with  carriages,  sleighs,  boxes,  lumber, 
firewood  or  other  materials  or  substance  whatever.* 

PREVENT  HORSE  RACING. 

7th.  To  prevent  horse  racing,  immoderate  riding  or  driving 
in  the  streets,  and  to  regulate  the  places  of  bathing  and  swim¬ 
ming  in  the  waters  within  the  limits  of  said  city. 

I!  t 


RESTRAIN  CATTLE. 

8th.  To  restrain  the  running  at  large  of  horses,  cattle, 
swine,  sheep;  poultry  and  geese,  and  to  authorize  the  distraining, 
impounding  and  sale  of  the  same. 

DOGS. 

9th.  To  prevent  the  running  at  large  of  dogs,  and  to  author¬ 
ize  the  destruction  of  the  same  in  a  summary  manner  when  at 
large  contrary  to  the  ordinance  of  said  city. 

*See  sec.  925 — sub.  secs.  172-197a  of  R.  S.,  adopted  and  made  a  part 
of  city  charter  by  ordinance  No.  1237,  p.  127. 


64 


MADISON  CITY  CHARTER. 


PUTRID  CARCASSES. 

10th.  To  prevent  persons  from  bringing,  depositing  or  hav¬ 
ing  within  said  city  or  placing  in  the  lakes  adjacent  to  the  said 
-city  any  putrid  carcass  or  other  unwholesome  or  nauseous  sub¬ 
stance,  and  to  require  the  removal  of  the  same  by  any  person 
who  shall  have  upon  his  premises  any  such  substance  or  putrid 
or  unsound  beef,  pork,  hides,  or  skins  of  any  kind,  or  on  default, 
to  authorize  the  removal  by  some  competent  officer,  at  the  ex¬ 
pense  of  such  person  or  persons. 


POUNDS. 

11th.  To  make  and  establish  public  pounds,  pumps,  wells, 
•cisterns  and  reservoirs,  and  to  provide  for  the  construction  and 
maintenance  of  water  works  and  sewers ;  to  regulate  and  to 
license  hacks,  cabs,  drays,  carts,  and  the  charges  of  hackmen, 
cabmen,  draymen  and  cartmen  in  the  city ;  and  to  erect  lamps 
and  to  provide  for  lighting  the  streets,  public  grounds  and 
public  highways,  with  gas  or  otherwise. 

-ff  .  i 

x  ; 

BOARD  OF  HEALTH. 

12tli.  To  establish  and  regulate  boards  of  health,  provide 
hospitals  and  cemetery  grounds,  regulate  the  burial  of  the  dead, 
and  the  return  of  the  bills  of  mortality,  and  to  exempt  burial 
grounds  set  apart  for  public  use  from  taxation. 

WEIGHT  OF  BREAD. 

13th.  To  establish  the  assize  and  weight  of  bread,  and  to 
provide  for  the  seizure  and  forfeiture  of  bread  baked  contrary 
thereto. 


RIDING  ON  SIDEWALKS. 

14th.  To  prevent  all  persons  riding  or  driving  any  horse  or 
mule,  cattle  and  other  animals  on  the  sidewalks  in  said  city,  or 
in  any  way  doing  damage  to  such  sidewalks. 


MADISON"  CITY  CHARTER. 


65 


FIREARMS,  ETC. 

15th.  To  prevent  shooting  off  firearms  or  crackers  and  to 
prevent  the  exhibition  of  fire  works  in  any  situation  which  may 
be  considered  by  the  council  dangerous  to  the  city,  or  any 
property  therein  or  annoying  to  the  citizens  thereof. 

RESTRAIN"  DRUNKENNESS. 

16th.  To  restrain  drunkards,  immoderate  drinking  or  ob¬ 
scenity  in  the  streets  or  public  places,  and  to  provide  for  arrest¬ 
ing,  removal  and  punishing  any  person  or  persons  who  may  be 
guilty  of  the  same. 

REGULATE  RUNNERS. 

17th.  To  restrain  and  regulate  runners  and  solicitors  for 
boats,  vessels,  stages,  cars,  public  houses  and  other  establish¬ 
ments. 

POLICE. 

18th.  To  make  rules  and  ordinances  for  the  government  and 
regulation  of  the  police  of  the  city. 

PUBLIC  MARKETS. 

19th.  To  establish  public  markets,  and  make  rules  and  regu¬ 
lations  for  the  government  of  the  same,  to  appoint  suitable 
officers  for  overseeing  and  regulating  such  markets,  and  to  punish 
or  restrain  all  persons  for  interrupting  or  interfering  with  the 
due  observance  of  such  rules  and  regulations ;  to  license  and 
regulate  butchers’  stalls,  shops  and  stands  for  the  sale  of  game, 
poultry,  meats,  fish  and  other  provisions. 


HAY;  WOOD;  ETC. 

20th.  To  regulate  the  place  and  manner  of  weighing  and 
selling  hay,  and  measuring  and  selling  fuel,  lime  and  other  gross 
commodities,  and  to  appoint  suitable  persons  to  superintend  and 
conduct  the  same. 

5 


66 


MADISON  CITY  CHARTED. 


REMOVE  SNOW,  ETC. 

21st.  To  compel  tlie  owners  of  buildings  or  grounds,  or  the 
occupants,  where  the  same  are  occupied,  to>  remove  snow,  dirt 
or  rubbish  from  the  sidewalks,  street  or  alley  opposite  thereto, 
and  to  compel  such  owner  or  occupant  to  remove  from  the  lot 
owned  or  occupied  by  him  all  such  substances  as  the  board  of 
health  shall  direct;  and  in  his  default,  to  authorize  the  removal 
or  destruction  of  the  objectionable  substances  by  some  officer  of 
the  city  at  the  expense  of  such  owner  or  occupant. 

CONTAGIOUS  DISEASES. 

2 2d.  To  regulate,  prevent  and  control  the  landing  of  per¬ 
sons  from  boats,  cars  and  stages  wherein  are  contagious  and 
infectious  diseases  or  disorders,  and  to  make  such  dispositions 

of  such  persons  as  to  preserve  the  health  of  said  city. 

« 

AUCTIONS  AND  AUCTIONEERS. 

23d.  To  regulate  the  time  and  manner  of  holding  public 
auctions  and  vendues,  and  to  regulate  the  sale  of  goods,  wares 
and  merchandise  and  other  property  at  public  auction,  and  to 
grant  licenses  for  the  sale  of  goods,  wares  and  merchandise, 
and  other  property  at  public  auction,  and  to  prescribe  and  fix 
the  amounts  to  be  paid  for  such  licenses  ;  provided,  it  shall  not  be 
lawful  to  charge  less  than  five  dollars  nor  more  than  five  lmn- 
dred  dollars  for  any  such  license  for  one  year:  and  provided 
also,  that  nothing  in  this  section  shall  prohibit,  or  effect  in  any 
manner,  sales  at  auction  in  cases  specified  in  section  one  thou¬ 
sand  five  hundred  and  eighty-five  of  the  revised  statutes. 

WATCHMEN. 

24th.  To  appoint  watchmen  and  prescribe  their  duties. 


WEIGHTS  AND  MEASURES. 

25th.  To  provide  by  ordinance  for  a  standard  of  weights 
and  measures,  and  for  the  punishment  of  any  person  using  or 
keeping  any  false  weights  and  measures. 


I 


MADISON  CITY  CHARTER. 


67 


LAKES. 

26tli.  The  common  council  shall  have  jurisdiction  over  the 
entire  lakes  bordering  on  the  city,  and  may  enact  and  enforce 
ordinances  or  by-laws  for  the  preservation  of  fish  in  the  waters 
thereof,  inlets  to  or  outlets  between  the  same,  so  as  to  prohibit, 
regulate  or  license  the  taking  or  killing  of  fish  in  the  waters 
thereof  at  any  time;  and  may  also,  by  ordinance  or  resolution, 
prevent  any  deterioration  of  the  said  waters,  or  any  nuisance 
being  cast  therein  by  which  the  health  of  the  inhabitants  of  the 
city  or  the  purity  of  the  water  shall  be  impaired,  as  it  shall  deem 
expedient. 

TREES. 

27th.  (As  amended  by  section  8,  of  chapter  269,  Laws  of 
1887.)  The  common  council  shall  have  power  to  require  the 
owner  of  any  lot  or  ground  in  the  city  to  set  out  ornamental  trees 
in  the  street  or  streets  fronting  on  said  lot  or  ground,  and  to  keep 
the  same  trimmed  in  proper  condition,  and  in  default  thereof, 
to  cause  the  same  to  be  done,  and  to  levy  a  special  tax  upon  said 
lot  or  ground  to  pay  the  expenses  of  the  same. 


DRAINS. 

28th.  The  common  council  shall  have  power  to  grant  per¬ 
mission  for  the  construction  of  drains,  to  empty  into  either  of 
the  lakes  adjoining  the  city;  provided,  that  all  such  drains  shall 
be  constructed  of  metal  or  cement  pipe,  and  shall  empty  into 
the  water  where  it  is  at  least  six  feet  in  depth. 


RAILROAD  COMPANIES. 

29th.  (Added  as  subdivision  29,  by  chapter  266,  Laws  of 
1891.)  The  common  council  shall  have  full  power  to  regulate 
the  use  of  locomotive  engines  within  the  city,  to  regulate  the 
speed  of  railway  trains  within  the  city,  not  conflicting  with  any 
general  law  relating  thereto ;  to  direct  and  control  the  location 
of  railroad  tracks  in  the  streets,  and  as  one  of  the  conditions 
for  such  privilege,  to  require  railway  companies  to  maintain, 


68 


MADISON  CITY  CHARTER. 


at  their  own  expense  such  bridges,  viaducts,  tunnels  or  other 
conveniences,  at  public  railroad  crossings,  as  may  be  necessary ; 
also  to  regulate  the  running  of  such  railway  cars,  in  laying  down 
of  tracks  for  the  same,  and  the  kind  of  rails  to  he  used. 

HARBORS. 

30th.  Fifty-seventh.  To  provide  for  the  preservation  of 
any  harbor  within  or  of  the  city ;  prevent  any  use  of  the  same 
or  of  such  part  of  any  lake,  river,  stream,  spring  or  pond  as  is 
within  the  city  or  any  action  in  relation  thereto  inconsistent 
with  or  detrimental  to  the  public  health  or  calculated  to  render 
the  water  of  the  same  or  any  part  thereof  impure  or  offensive, 
or  tending  in  any  degree  to  fill  up  or  obstruct  the  same ;  prohibit 
and  punish  the  casting  or  depositing  therein  of  any  earth,  dead 
animals,  ashes  or  other  substance,  or  filth,  logs  or  floating  mat¬ 
ter;  prohibit  and  remove  all  obstructions  therein  and  provide 
for  the  punishment  of  the  authors  thereof ;  regulate  and  pre¬ 
scribe  the  mode  and  speed  of  vessels  entering  and  leaving  the 
harbor,  of  passing  the  bridges  and  of  coming  to  and  departing 
from  the  wharves  and  streets  of  the  city  by  steamboats,  canal- 
boats  and  other  craft  and  vessels,  and  the  disposition  of  the 
sails,  yards,  anchors  and  appurtenances  thereto  while  entering, 
leaving  or  abiding  in  the  harbor,  and  regulate  and  prescribe  by 
such  ordinances  or  through  their  harbor-master  or  other  author¬ 
ized  officer  such  location  of  every  canal-boat,  steam-boat  or 
other  craft  afloat,  and  such  changes  of  situation  in  and  use  of 
the  harbor  as  may  be  necessary  to  promote  order  therein  and  the 
safety  and  equal  convenience,  as  near  as  may  be,  of  all  such 
vessels,  boats,  craft  and  floats,  and  impose  penalties  not  exceed¬ 
ing  one  thousand  dollars  for  any  offense  against  such  ordinance, 
and  by  such  ordinance  to  charge  such  penalties,  together  with 
such  expenses  as  may  be  incurred  by  the  city  in  enforcing  the 
subdivision,  upon  the  steamboat,  canal-boat  or  other  vessel,  craft 
or  float. 

This  is  sub-section  57  of  section  925 — 52,  R.  S.  of  1898,  adopted  by- 
ordinance  No.  1163. 


MADISON  CITY  CHARTER. 


69 


DOCK  LINES,  ETC. 

31st.  Fifty-eighth.  To  establish  dock  lines,  regulate  'the 
construction  of  piers  and  wharves  extending  into  any  lake  or 
navigable  waters,  prescribe  and  control  the  prices  to  be  charged 
for  pierage  or  wharfage  thereon,  and  regulate,  prescribe  and 
control  the  prices  to  be  charged  for  dockage  and  storage  within 
the  citv. 

This  is  sub-section  58  of  section  925 — 52,  R.  S.  of  1898,  adopted  by 
ordinance  No.  1163. 


WHARVES,  ENDS  OF  STREETS. 

32d.  Fifty-ninth.  To  lease  the  wharfing  privileges  of  the 
rivers  and  navigable  waters  at  the  ends  of  streets  upon  such 
terms  and  conditions  as  may  be  reserved  in  the  leasing  of  other 
real  estate,  reserving  such  rent  as  may  be  agreed  upon  and  em¬ 
ploying  such  remedies  in  case  of  non-performance  of  any  cove¬ 
nants  in  such  case  as  are  given  by  law  in  other  cases;  but  no 
buildings  shall  be  erected  on  the  ends  of  streets.  The  owner 
or  owners  of  the  adjoining  lot  or  lots  shall  in  all  cases  have 
preference  in  leasing  such  property,  and  a  free  passage  over  the 
same  for  all  persons,  with  their  baggage,  shall  be  reserved  in 
such  lease. 

This  is  sub-section  59  of  section  925 — 52,  R.  S.  of  1898,  adopted  by 
ordinance  No.  1163. 


APPROPRIATIONS - DEBT - VETO - ORDINANCES  TO  BE  PUBLISHED. 

Section  4.  (As  amended  by  section  7, ’of  chapter  195,  Laws 
of  1885.)  No  appropriation  shall  be  made  or  liability  incurred 
against  the  city,  except  by  a,  vote  of  a  majority  of  all  the  mem¬ 
bers  of  the  council ;  and  all  laws,  ordinances,  rules  and  resolu¬ 
tions  shall  be  passed  by  an  affirmative  vote  of  a  majority  of 
all  the  members  of  the  common  council ;  and  all  ordinances, 
before  the  same  shall  be  in  force  shall  be  signed  by  the  mayor ; 
and  all  resolutions  or  measures  for  the  appropriation  of  money, 
whereby  a  debt  shall  be  created  against,  or  a  liability  incurred 


70 


MADISON  CITY  CHARTER. 


by  the  city,  shall  be  approved  by  the  mayor  before  the  same 
shall  be  in  force ;  provided,  that  any  resolution  or  ordinance 
requiring  the  signature  of  the  mayor,  may  be  passed  over  his 
veto  by  a  vote  of  five-sixths  of  all  the  members  elected  to  the 
council ;  provided  further,  that  any  resolution  or  ordinance 
passed  by  the  council  shall  become  a  valid  resolution  or  ordi¬ 
nance  as  if  signed  bv  the  mayor  unless  at  or  before  the  next 
regular  meeting  of  the  council  after  such  passage  it  shall  be 
returned  to  the  council  by  the  mayor  with  a  statement  in  writ¬ 
ing  that  he  refuses  to  give  his  consent  thereto  and  giving  his 
reasons  therefor  in  writing,  and  all  ordinances  shall  be  pub¬ 
lished  in  a  public  newspaper  printed  in  the  city  of  Madison, 
to  be  selected  by  the  common  council  before  the  same  shall  be 
in  force ;  and  within  fifteen  days  after  publication,  such  publica¬ 
tion  being  duly  proved  by  the  affidavit  of  the  printer  or  foreman 
of  the  printers  of  such  newspaper,  the  city  clerk  shall  record 
such  ordinance  and  affidavit  in  a  book  provided  for  that  purpose, 
and  such  affidavit  shall  be  prima  facie  evidence  of  such  publi¬ 
cation. 

See  sec.  925—38,  R.  S.,  1898. 

COMMON  NUISANCES. 

Section  5.  The  power  conferred  upon  the  said  council  to 
provide  for  the  abatement  or  removal  of  nuisances  shall  not  bar 
or  hinder  suits,  prosecutions  or  proceedings  in  the  courts  accord¬ 
ing  to  law.  Gambling  houses,  houses  of  ill-fame,  disorderly 
taverns,  and  houses  or  places  where  spirituous,  vinous  or  fer¬ 
mented  liquors  are  sold  without  the  license  required  therefor; 
houses  or  buildings  of  any  kind  wherein  more  than  ten  pounds 
of  gunpowder  are  deposited,  stored  or  kept,  at  any  one  time, 
are  hereby  declared  and  shall  be  deemed  public  or  common 
nuisances. 

AUDIT  ACCOUNTS - MAY  REQUIRE  EXHIBITION  OF  BOOKS  AND 

VOUCHERS. 

Section  6.  The  common  council  shall  examine,  audit  and 
adjust  the  accounts  of  the  clerk,  treasurer,  chief  of  police,  street 


MADISON  CITY  CHARTER. 


*1 1 

•  -a. 


superintendent,  and  all  other  officers  or  agents  of  the  city,  at  such 
time  as  it  deems  proper,  and  also,  at  the  end  of  each  year,  and  be¬ 
fore  the  time  for  which  the  officers  of  said  city  are  elected  or  ap¬ 
pointed  shall  have  expired.  And  the  common  council  shall  require 
each  and  every  such  officer  or  agent  to  exhibit  his  hooks,  accounts 
and  vouchers  for  such  examination  and  settlement,  and  if  any 
such  officer  or  agent  shall  refuse  to  comply  with  the  orders  of  the 
council  in  the  discharge  of  their  said  duties,  in  pursuance  of 
this  section,  or  shall  neglect  or  refuse  Do  render  his  accounts 
or  present  his  books  and  vouchers  to  said  council,  it  shall  be  the 
duty  of  the  common  council  to  declare  the  office  of  such  person 
vacant;  and  the  common  council  shall  order  suits  and  proceed¬ 
ings  at  law  against  any  officer  or  agent  of  said  city  who  may  he 
delinquent  or  defaulting  in  his  accounts,  or  in  the  discharge 
of  his  official  duties,  and  shall  make  a  full  record  of  all  such 
settlements ;  and  the  common  council  shall  have  power,  by  an 
affirmative  vote  of  two-thirds  of  its  members,  upon  reasonable 
notice,  for  cause,  to  remove  from  office  any  officer  of  the  city, 
elected  by  the  common  council,  or  whose  appointment  shall  have 
been  confirmed  by  it. 


CHAPTER  Y. 

OPENING  STREETS^  ETC.;  BY  PETITION  A 

Section  1.  The  common  council  shall  have  power  to  lay 
out  public  squares,  grounds,  streets  and  alleys,  and  to  widen  the 
same  as.  follows:  Whenever  ten  or  more  freeholders  residing 
in  any  one  ward  shall  by  petition  represent  to  the  common 
council  that  it  is  necessary  to  take  certain  lands  within  the  ward 
where  such  petitioners  reside  for  the  public  use,  for  the  purpose 
of  laying  out  public  squares,  grounds,  streets  or  alleys,  or  the 

*See  sec  925 — 175  to  197a,  R.  S.,  1898,  adopted  by  ordinance  1237, 
p.  127.  See  also  secs.  895  to  904,  R.  S.,  1898,  made  applicable  to  all 
cities  by  secs.  926-927,  R.  S.,  1898. 


72 


MADISON  CITY  CHARTER. 


enlarging  or  widening  of  the  same,  the  courses  and  distances, 
metes  and  bounds  of  the  lands  proposed  to  be  taken,  together 
with  the  names  and  residences  of  the  owners  of  such  premises 
if  the  same  shall  he  known  to-  the  petitioners,  to  be  set  forth  in 
such  petition,  the  common  council  may  then,  by  resolution,  re¬ 
solve  to  grant  the  prayer  of  said  petitioners ;  and  it  shall  forth¬ 
with  cause  an  accurate  survey  and  plat  of  all  lands  necessary 
for  said  purposes,  to  be  made  and  filed  with  the  city  clerk,  and 
it  may  purchase  or  take  by  donation  such  grounds  as  shall  be 
needed,  by  agreement  with  the  owner,  and  take  from  them 
conveyances  thereof  to  the  city  for  such  use  or  in  fee ;  but  other¬ 
wise  it  shall  by  resolution  declare  its  purpose  to  take  the  same 
and  therein  describe  by  metes  and  bounds  the  location  of  the 
proposed  improvement  and  the  land  proposed  to  be  taken  there¬ 
for,  defining  separately  each  parcel  and  the  amount  thereof 
owned  by  a  distinct  owner,  mentioning  the  names  of  the  owners 
or  occupants  so  far  as  known,  and  therein  fix  a  day,  time  and 
place,  when  and  where  it  will  apply  to  the  county  judge  of 
Dane  county  for  a  jury  to  condemn  and  appraise  the  same. 

Section  2.  It  shall  thereupon  cause  to  be  made  by  the  city 
clerk  a  notice  of  the  adoption  of  said  resolution,  embracing  a 
copy  thereof,  and  notifying  all  parties  interested  that  the  com¬ 
mon  council  will,  at  the  time  and  place  named,  apply  to  the 
county  judge,  for  the  appointment  of  a  jury  to  condemn  and 
appraise  such  lands.  A  copy  of  such  notice  shall  be  served  by 
the  street  superintendent  or  any  policeman  of  said  city,  on  the 
owner  of  such  parcel  of  land  to  be  taken,  if  known  and  resident 
within  the  county,  such  service  to  be  made  in  the  manner  pre¬ 
scribed  for  serving  a  summons  in  an  action  in  the  circuit  court, 
and  the  return  of  the  officer  shall  be  conclusive  evidence  of  the 
facts  stated  therein.  If  the  notice  cannot  be  so  given  as  to  all 
of  the  parcels,  then  the  same  shall  also  be  published  once  in  each 
week  for  three  consecutive  weeks  in  a  newspaper  published  in 
said  city ;  and  the  affidavit  of  the  printer  or  foreman  of  such 
newspaper  shall  be  conclusive  evidence  of  such  publication. 
Such  notice  shall  be  served  and  such  publication  made  for  three 
weeks,  complete  at  least  one  week  before  the  time  fixed  therein 
for  such  application.  If  any  person  so  served  with  notice  be 


MADISON  CITY  CHARTED. 


73 


a  minor  or  of  unsound  mind,  (die  county  judge  shall,  before 
proceeding  on  the  day  fixed  for  hearing  such  application,  appoint 
for  him  a  guardian  for  the  purposes  of  such  proceeding,  -who 
shall  give  security  to  the  satisfaction  of  the  county  judge,  and 
act  for  such  ward. 

Section  3.  At  the  time  and  place  fixed  for  such  hearing, 
the  application,  accompanied  by  a  copy  of  such  resolution  and 
such  survey,  and  by  proof  of  the  service  of  the  notice  as  pro¬ 
vided  in  the  last  section,  shall  be  filed  with  the  county  judge 
who  shall  thereupon  make  a  list  of  twenty-four  competent  jurors, 
residents  of  said  city,  but  not  residents  of  said  ward  nor  inter- 
ested  in  said  application.  He  shall  hear  and  decide  any  chal¬ 
lenges  for  cause  or  favor  made  to  any  one,  and  if  sustained, 
shall  replace  his  name  with  an  unobjectionable  juror,  until  the 
list  shall  be  perfected.  Thereupon,  under  direction  of  said 
county  judge,  each  party,  the  common  council  by  the  city  attor¬ 
ney  of  said  city  on  the  one  side,  and  the  owners  of  land  or  their 
agents  present,  or  if  none  be  present,  or  if  they  disagree,  a  dis¬ 
interested  person  appointed  by  the  county  judge,  on  the  other, 
shall  challenge  six  names,  one  at  a  time,  alternately,  the  common 
council  beginning.  To  the  twelve  jurors  remaining,  the  county 
judge  shall  issue  a  precept,  requiring  them  at  an  hour,  on  a  day 
named,  not  more  than,  ten,  nor  less  than  three  days  thereafter, 
to  appear  before  him  to  be  sworn  and  serve  as  a  jury  to  view 
lands  and  appraise  damages,  in  the  said  proceeding,  and  at  the 
same  time  shall  publicly  adjourn  the  proceedings  to  the  time 
and  place  so  named ;  such  precept  shall  be  served  by  the  street 
superintendent  or  any  policeman  of  said  city,  at  least  one  day 
before  such  appointed  time,  by  reading  the  same  to  each  such 
juror,  or  by  leaving  a  copy  at  his  usual  place  of  abode,  in 
presence  of  a  member  of  his  family. 

Section  4.  The  jurors  summoned  shall  appear  at  the  time 
and  place  named;  and  if  any  be  excused  by  the  county  judge,  or 
fail  to  attend  lie  shall  direct  other  qualified  disinterested  persons 
to  be  forthwith  summoned  in  their  stead,  until  twelve  be  ob¬ 
tained.  The  county  judge  shall  then  administer  to  them  an 
oath,  that  they  shall  well  and  truly  inquire  into  and  determine 
the  necessity  for  taking  the  lands  mentioned  in  the  resolution, 


74 


MADISON  CITY  CHAETEK. 


and  if  found  necessary,  the  damages  occasioned  thereby,  and 
faithfully  discharge  their  duties  as  jurors  according  to  law. 

Section  5.  Under  the  direction  of  said  county  judge,  the 
jury  shall  view  the  lands  to  be  taken,  and  shall  sit  before  him 
to  hear  such  competent  evidence  as  shall  be  produced  by  any 
party;  and  for  such  purpose,  such  county  judge  shall  possess 
the  same  powers  as  a  court  in  session,  with  a,  jury,  and  if  there 
be  necessity,  may  adjourn  the  sitting  from  day  to  day.  The 
jury  shall  render  a  separate,  unanimus  verdict,  in  writing, 
signed  by  it,  in  which  it  shall  find  whether  it  be  necessary  to 
take  such  lands  or  any  part  thereof,  for  such  purpose,  describing 
such  as  it  finds  necessary  to  be  taken  ;  and  if  any  be  found 
necessary  to  be  taken,  then  a  verdict  or  appraisement  of  dam¬ 
ages,  specifying  therein  the  damages  to  each  owner,  and  separ¬ 
ately  the  value  of  the  land  taken  from  each,  and  the  damage 
otherwise  sustained  by  each,  by  reason  of  the  taking  thereof ;  in 
estimating  which  it  shall  deduct  therefrom  any  special  benefit, 
if  any,  to  be  enjoyed  by  each  from  such  improvement  ;  and  a 
majority  of  such  jury  may  render  such  verdict  or  appraisement 
of  damages,  and  shall  sign  the  same.  Any  technical  error  in 
such  verdict  may  be  immediately  corrected,  with  the  consent 
of  the  jury,  and  shall  be  thereupon  discharged,  and  its  verdict 
filed  by  the  county  judge.  In  case  the  jury  shall  fail  to  find 
a  verdict,  another  jury  shall  be  then,  and  there  selected,  and 
shall  be  summond  and  sworn,  and  shall  proceed  in  the  same 
manner. 

Section  6.  Within  ten  days  after  such  verdict,  any  land 
owner,  w7hose  land  has  been  found  necessary  to  be  taken,  may 
appeal  from  the  award  of  damages  to  him  in  such  verdict  to 
the  circuit  court  by  filing  with  such  county  judge  a  notice  of 
appeal,  specifying  whether  the  appeal  is  from  the  whole  award 
to  him  or  a  part,  and  if  a  part,  what  part,  and  therewith  an 
undertaking  with  two  sufficient  sureties,  to  be  approved  by  the 
county  judge,  to  pay  all  costs  that  may  be  awarded  against  such 
appellant  on  appeal,  and  paying  said  county  judge  for  his  return 
thereof.  The  city  may  likewise  appeal  from  the  award  of 
damages  to  any  owner,  by  filing  with  such  county  judge  a  notice 
of  appeal,  specifying  whether  the  appeal  is  from  the  whole 


MADISON  CITY  CHARTER. 


75 


•award  of  such  owner,  or  a  part,  and  if  a  part,  wliat  part,  and 
paying  said  county  judge  for  his  return  on  said  appeal.  Any 
party  not  so  appealing  shall  be  forever  concluded  by  such  ver¬ 
dict.  Upon  an  appeal  being  taken,  the  county  judge  shall  trans¬ 
mit  to  the  clerk  of  the  circuit  court  within  ten  days  the  notice 
of  appeal  and  undertaking,  and  thereto'  annext  a  copy  of  all 
the  papers  and  proceedings  before  him,  with  his  certificate 
thereof.  He  .shall,  after  the  time  for  appealing  has  expired, 
file  with  the  city  clerk,  annexed  together,  all  the  original  papers, 
including  the  verdict,  with  a  certificate  by  him  thereof,  and  that 
no  appeal  has  been  taken  from  such  verdict,  except  as  the  facts 
are,  which  he  shall  briefly  specify ;  and  the  city  clerk  shall  record 
all  such  proceedings. 

Section  7.  Upon  filing  such  transcript  in  the  circuit  court, 
the  appeal  shall  be  considered  an  action  pending  in  such  court, 
and  be  so  entered,  the  land  owner  as  plaintiff,  the  city  as  defend¬ 
ant,  and  be  subject  to  a  change  of  place  of  trial,  and  appeal  to 
the  supreme  court.  The  appeal  shall  be  tried  by  a  jury,  unless 
waived ;  and  costs  shall  be  awarded  against  the  appellant,  if  a 
more  favorable  verdict  be  not  obtained  than  the  one  appealed 
from;  otherwise,  against  the  respondent.  Upon  entry  of  judg¬ 
ment,  the  clerk  of  the  circuit  court  shall  transmit  a  certified 
copy  thereof  to  the  city  clerk. 

Section  8.  If  the  verdict  of  the  jury  shall  determine  that 
it  is  necessary  to  take  such  land,  or  any  part  thereof,  the  com¬ 
mon  council  may,  upon  return  thereof  to  the  clerk,  enact  an 
ordinance  according  thereto,  for  laying  out  or  widening  any 
such  street,  public  square,  grounds  or  alleys,  but  shall  not  enter 
upon  any  such  land  therefor  until  the  owner  be  paid  in  full  the 
damages  awarded  him  by  such  verdict  or  appraisement,  or  such 
damages  be  set  apart  for  him  in  the  hands  of  the  city  treasurer, 
there  permanently  to  remain  subject  to  liis  order.  At  any  time 
before  causing  such  land  to  be  actually  taken,  or  put  to  public 
use,  and  before  the  rendition  of  a  judgment  in  the  circuit  court 
for  damages,  the  common  council  may  discontinue  all  proceed¬ 
ings  theretofore  taken,  and  the  city  shall  in  such  event  be  liable 
for  the  costs  only.  All  the  costs  of  every  such  proceeding  shall 
be  paid  by  the  city,  except  when  it  recovers  costs  in  the  circuit 


76 


MADISON  CITY  CHARTER. 


court  or  supreme  court.  All  jurors  and  witnesses  in  proceed¬ 
ings  under  this  chapter,  shall  receive  the  same  fees  as  jurors 
and  witnesses  in  the  circuit  court. 

Section  9.  For  the  payment  of  the  expenses,  including  all 
damages  and  costs  incurred  for  the  taking  of  private  property, 
and  of  making  any  improvement  mentioned  in  this  chapter, 
the  common  council  of  said  city  may,  by  resolution,  levy  and 
assess  the  wdiole  or  any  part,  not  less  than  one-half  of  such  ex¬ 
penses  as  a  tax  upon  such  property,  as  it  shall  determine  is 
specially  benefited  thereby,  making  therein  a  list  thereof,  in 
which  shall  be  described  every  lot  or  parcel  of  land  so  assessed, 
with  the  name  of  the  owner  thereof,  if  known,  and  the  amount 
levied  thereon  set  opposite.  Such  resolution,  signed  by  the 
mayor  and  city  clerk,  shall  be  published  once  in  each  week  for 
two  weeks  in  a  newspaper  published  in  said  city,  and  a  notice 
therewith  that,  at  a  certain  time  therein  stated,  the  said  common 
council  will  meet  at  its  usual  places  of  meeting,  and  hear  all 
objections  which  may  be  made  to  said  assessment,  or  to  any 
part  thereof.  At  the  time  so  fixed  the  said  common  council 
shall  meet  and  hear  all  such  objections,  and  for  that  purpose 
may  adjourn  from  day  to  day,  and  at  the  conclusion  of  such 
hearing  may  modify  such  assessment  in  whole  or  in  part,  and 
shall  adopt  a  resolution  which  shall  be  published  in  the  same 
manner  as  ordinances  of  said  city,  levying  said  assessment  as  the 
same  shall  have  been  finally  determined  by  said  common  coun¬ 
cil.  The  sums  so  assessed  shall  be  a  lien  upon  said  lands  upon 
which  they  are  assessed,  from  the  date  of  the  passage  of  said 
resolution,  and  the  said  several  amounts  shall  be  entered  against 
said  lot  or  lots  in  the  tax  roll,  in  addition  to  and  as  a  part  of  all 
other  city  taxes  therein  levied  on  such  land,  to  be  collected  there¬ 
with. 


MADISON  CITY  CHARTER. 


77 


CHAPTER  VI. 

.  I 

ORDINANCES,  ETC.,  FOR,  STREET  IMPROVEMENTS. 

Section  1.  Every  ordinance,  resolution  or  by-law  provid¬ 
ing  for  the  repairing,  construction  or  reconstruction  of  any  side¬ 
walk  or  gutter,  or  for  the  grading,  repairing  or  improving  any 
street  at  the  expense,  in  whole  or  in  part,  of  the  owners  of  the 
lots  or  parcels  of  land  abutting  or  fronting  such  sidewalk,  gutter 
or  street  shall,  on  being  introduced  at  a  meeting  of  the  common 
council,  be  referred  to  some  appropriate  committee,  and  any 
such  ordinance,  resolution  or  by-law  shall  not  be  passed  or 
adopted  sooner  than  fourteen  days  after  the  introduction  thereof, 
nor  until  ten  days  after  the  proceedings  of  the  council  had  rela¬ 
tive  thereto,  at  the  meeting  when  such  ordinance,  resolution  or 
by-law  was  introduced,  shall  have  been  published  in  the  official 
newspaper  of  the  said  city. 

MAY  ESTABEISH  GRADES. 

Section  2.  The  common  council  of  the  city  of  Madison  shall 
have  power  to  establish  the  grade  of  the  streets  of  the  city  of 
Madison,  and  to  change  and  re-establish  such  grade  as  it  shall 
deem  expedient ;  provided,  that  whenever  it  shall  change  or  alter 
the  grade  of  any  street,  any  person  who  shall  claim  to  have  sus¬ 
tained  damages  by  such  change  or  alteration  of  grade  shall  have 
his  right  of  action  against  the  city  for  the  recovery  of  such  dam¬ 
ages,  but  no  suits  shall  be  commenced  against  the  city  therefor, 
until  application  has  been  made  to  the  common  council  to  pay 
such  damages,  and  said  council  shall  have  refused  or  neglected 
for  three  months  to  pay  or  settle  the  same. 

See  sec.  925 — 172,  R.  S.,  1898,  adopted  by  ordinance  1237,  p  127. 

DUTY  OF  SUPERINTENDENT. 

Section  3.  It  shall  be  the  duty  of  the  superintendent  of 
streets  to  see  that  all  ordinances  of  the  city  relating  to  the  ob¬ 
struction  and  cleaning  of  sidewalks,  streets,  alleys,  public 


MADISON  CITY  CHARTED. 


78 


grounds,  reservoirs,  gutters,  sewers,  waters  of  the  lakes  and 
water  courses  in  said  city  are  duly  observed  and  kept,  and  direct 
and  control  the  persons  employed  therein.  The  superintendent 
of  streets  shall  have  a  general  supervision  over  all  work  let  by 
contract  for  the  improvement  of  streets  or  sidewalks  in  said 
city,  unless  the  common  council  shall  otherwise  provide. 

SIDEWALKS - HOW  CONSTRUCTED  AND  REPAIRED. 

Section  4.  (As  amended  by  section  9  of  chapter  269,  Laws 
of  1887.)  Sidewalks  shall  be  constructed,  reconstructed  or  re¬ 
paired  upon  the  proper  established  grade  of  any  street  in  said 
city,  of  such  width,  in  such  manner,  of  such  materials,  and  in 
such  time  as  the  common  council  by  ordinance,  resolution  or  or¬ 
der  shall  direct,  by  the  owner  or  owners  of  any  lot  or  piece  of 
ground,  in  front  of  which  such  sidewalk  shall  be  ordered.  If 
the  owner  or  owners  of  any  such  lot  or  piece  of  ground  shall  not 
construct  such  sidewalk  as  aforesaid,  the  common  council  may 
cause  the  same  to  be  constructed  at  the  expense  of  such  owner  or 
owners.  The  contract  for  the  construction  of  any  such  sidewalk 
shall  be  let,  to  the  lowest  reasonable  responsible  bidder,  and  notice 
shall  be  given  by  publication  in  the  official  paper  of  the  city,  for 
at  least  three  days,  of  the  time,  place  and  manner  of  receiving  such 
bids.  The  common  council  shall  levy  a  special  tax  upon  each 
lot  or  piece  of  ground  in  front  of  which  any  sidewalk  shall  be 
constructed  by  contract,  sufficient  to  pay  the  cost  of  constructing 
the  same;  provided,  that  no  such  contract  shall  be  let  until 
thirty  days  after  notice  shall  have  been  given  to  such  owner  or 
owners,  of  the  ordinance,  resolution  or  order  requiring  the  con¬ 
struction  of  such  sidewalk  by  the  publication  of  the  same  one 
day  in  the  official  paper  of  the  city. 


COUNCIL  MAY  ORDER  BUILDING  OF  SIDEWALKS. 

Section  5.  (As  amended  by  section  8  of  chapter  195,  Laws 
of  1885  and  by  section  10  of  chapter  269,  Laws  of  1887.)  The 
common  council  shall  have  the  power,  by  a  vote  of  two-thirds  of 
all  the  members  of  the  council  to  order  the  building,  construction, 
reconstruction  or  repair  of  sidewalks  in  the  city  of  Madison,  in 


MADISON  CITY  CHARTER. 


7& 


sucli  manner  as  it  may  deem  proper.  The  city  clerk  shall  re¬ 
ceive  all  proposals  for  constructing  and  repairing  sidewalks  and 
shall  open  them  in  the  presence  of  the  council,  which  shall  award 
the  contract  to  the  lowest  responsible  bidder ;  provided,  such  bid 
is  a  reasonable  one,  subject  to  such  provisions  in  case  of  viola¬ 
tion  of  contract,  and  to  such  other  particular  provisions  as  the 
council  may  prescribe.  The  proceedings  for  ordering  the  repair 
of  sidewalks  and  levying  and  collecting  of  special  taxes  on  the 
respective  lots  to  pay  for  the  same,  shall  he  the  same  as  herein 
provided  as  in  case  of  constructing  a  new  sidewalk,  except  as 
otherwise  provided  in  this  section.  ISTo-  contractor  for  building 
or  repairing  sidewalks  shall  receive  any  pay  therefor  from  the 
city,  under  any  circumstances,  until  the  tax  levied  for  that  pur¬ 
pose  shall  have  been  paid  to  the  city  or  county.  Whenever  a 
sidewalk  shall  be  out  of  repair,  and  shall  so  remain  for  a 
space  of  twenty-four  hours,  which  in  the  opinion  of  the  superin¬ 
tendent  of  streets,  needs  immediate  repair,  he  shall  be  authorized, 
and  it  is  hereby  made  his  duty,  to  cause  the  same  to  be  imme¬ 
diately  repaired ;  and  when  the  same  is  completed  he  shall  make 
out  an  itemized  bill  of  the  costs  of  such  repairs,  specifying  the 
lot  and  block  or  piece  or  parcel  of  land  in  front  of  which 
said  work  was  done,  verified  by  his  oath,  and  shall  deliver  the 
same  to  the  clerk,  and  the  clerk  shall  forthwith  present  the  same 
to  the  owner  of  such  lot,  or  piece,  or  parcel  of  land,  if  a  resident, 
of  the  city  of  Madison,  for  payment;  and  if  the  owner  of  such 
lot,  or  piece,  or  parcel  of  land  shall  refuse  or  neglect  to  pay  the 
same  for  ten  days,  then  the  clerk  shall  report  the  fact  to  the 
council,  and  the  council  shall  thereupon  levy  a  special  tax  upon 
such  said  lot,  piece  or  parcel  of  land,  to  pay  the  same  in  the 
same  manner  as  special  taxes  are  levied  for  the  construction  of 
sidewalks.  In  case  the  owner  of  such  lot,  piece  or  parcel  of  land 
does  not  reside  in  the  city  of  Madison,  the  said  superintendent 
shall  return  the  said  account  to  the  common  council,  with  his  cer¬ 
tificate  stating  that  fact,  and  the  council  shall  thereupon  levy  a 
special  tax  to  pay  the  same,  in  the  manner  in  this  section  pro¬ 
vided  ;  no  order  for  the  original  construction  of  any  sidewalk 
shall  be  held  valid,  unless  the  owner  of  the  property  to  be  taxed 
therefor,  if  a  resident  of  the  city,  shall  have  two  weeks’  previous 


80 


MADISON"  CITY  CHARTER. 


r 


notice  in  writing,  of  the  proposed  action  of  the  common  council 
before  such  action  is  taken,  and  whereby  such  resident  owner 
may  be  heard  by  the  common  council,  if  objecting  thereto,  and 
such  notice  to  be  served  by  leaving  the  same  at  his  usual  place  of 
abode,  by  some  officer  of  the  city  to  be  designated  by  the  council. 

POET  TAX - HOW  CORRECTED  AND  EXPENDED. 

Section  6.  Every  male  inhabitant  in  the  city  of  Madison 
over  twenty-one  years  of  age,  and  under  fifty,  except  active  mem¬ 
bers  of  the  fire  department,  shall  pay  into  the  city  treasury  an¬ 
nually  the  sum  of  one  dollar  each  as  a  poll  tax.  The  assessor 
shall,  at  the  time  of  assessing  the  annual  taxes  in  each  year,  make 
out  duplicate  lists  of  persons  liable  to  pay  such  tax,  and  deliver 
one  of  said  lists  to  the  city  clerk,  and  one  to  the  city  treasurer  at 
the  time  he  returns  to  the  city  clerk  his  assessment  roll  of  real 
and  personal  property  of  the  city  of  Madison.  The  said  asses¬ 
sor,  in  making  such  lists  shall  designate  the  ward  in  which  each 
person  on  said  list  resides  ;  and  the  city  treasurer  shall  collect  the 
same  at  the  time  of  collecting;  the  annual  taxes,  and  all  such  taxes 
shall  be  paid  to  the  city  treasurer  on  or  before  the  first  day  of 
February  next  after  the  delivery  of  said  lists  to<  him;  and  all 
persons  liable  to  pay  said  tax,  who  shall  not  have  paid  the  same 
within  five  days  after  demand,  either  personally  or  by  written 
notice  left  at  their  usual  place  of  abode,  shall  be  liable  to  and 
shall  pay  a  penalty  of  two  dollars,  together  with  the  costs  of 
prosecution,  to  be  prosecuted  for  by  said  treasurer  in  the  name 
of  the  city  of  Madison.  The  process  in  such  case  shall  be  by 
warrant,  and  in  case  judgment  shall  be  rendered  against  the  de¬ 
fendant,  in  such  action,  and  he  shall  refuse  or  neglect  to  pay 
such  judgment,  he  shall  be  imprisoned  in  the  county  jail,  not  to 
exceed  ten  days.  The  treasurer  shall  credit  each  ward  of  the 
city  with  the  amount  collected  from  the  inhabitants  of  such 
ward.  The  moneys  collected  as  above  shall  be  kept  as  a  distinct 
fund,  and  shall  be  expended  under  the  direction  of  the  senior 
alderman  of  each  ward,  and  at  his  request,  under  the  supervision 
of  the  superintendent  of  streets,  on  the  repair  and  improvement 
of  streets  of  their  several  wards,  and  to  be  drawn  out  upon 
itemized  account  certified  to  by  the  said  senior  alderman,  and 


MADISON  CITY  CHARTER. 


81 


audited  by  the  common  council.  The  mayor,  city  clerk  and 
treasurer  shall  constitute  a  board  to  determine  the  liability  of 
persons  to  pay  such  tax ;  and  all  persons  claiming  to  be  exeiupt 
from  such  tax  must  apply  to  said  board  within  twenty  days  from 
the  time  when  said  lists  shall  be  delivered  to  the  treasurer  as 
aforesaid.  The  city  treasurer  shall  receive  the  same  fees  for 
collecting  said  tax  as  he  does  for  collecting  taxes  assessed  upon 
real  and  personal  property ;  provided,  that  if  any  person  shall 
desire  to,  he  shall  be  permitted  to  perform  one  day’s  work  upon 
the  streets  of  the  city  in  the  ward  in  which  he  resides,  and  the 
certificate  of  the  superintendent  of  streets  that  such  person  has 
performed  one  full  day’s  labor  shall  be  received  by  the  city  treas¬ 
urer  in  full  discharge  of  such  tax. 

STREET  SUPERINTENDENT - HIS  DUTIES - COMPENSATION. 

Section  7.  The  superintendent  of  streets  shall  before  en¬ 
tering  upon  the  duties  of  his  office,  execute  to  the  city  a  bond  in 
the  penal  sum  of  one  thousand  dollars,  with  two  sufficient  sure¬ 
ties,  to  be  approved  by  the  council  conditioned  for  the  faithful 
performances  of  the  duties  of  his  office  and  for  such  other 
duties  as  may  be  required  of  him  by  the  council,  and  for  the 
proper  expenditure  of  the  money  which  may  be  collected  or  come 
into  his  hands  by  virute  of  his  office.  He  shall  have  a  general  su¬ 
pervision  of  all  streets ;  he  shall  expend  the  money  realized  from 
the  poll  tax  in  each  ward  at  such  place  in  each  ward  as  shall  be 
designated  by  the  senior  aldermen  thereof ;  he  shall,  on  the  first 
day  of  September  in  each  year,  report  to  the  council,  in  writing, 
under  oath,  a  true  and  correct  statement  of  all  moneys  received 
by  him  by  virtue  of  this  act,  and  from  whom  received,  and  how 
and  when  expended ;  and  the  said  superintendent  of  streets  shall 
be  held  strictly  responsible  for  the  full  and  complete  execution 
of  this  act  so  far  as  the  same  relates  to  streets,  according  to  the 
terms  thereof,  and  the  council  may  at  any  time  remove  him  from 
office  for  neglect  of  duty,  and  appoint  a  competent  man  in  his 
place.  The  street  superintendent  shall  receive  for  his  services 
not  more  than  three  dollars  for  each  day  actually  and  necessarily 
occupied  by  him  in  the  discharge  of  his  duties.  The  chief  of 
police  shall  be  street  superintendent  in  any  year  when  the  com- 

6 


82 


MADISON  CITY  CHARTER. 


mon  council  shall  so  determine,  and  shall  receive  for  his  services 
as  such  superintendent,  such  sum  per  day  as  the  council  shall 
determine,  not  more  than  one  dollar  per  day. 

MAY  ADVERTISE  AND  LET  TO  LOWEST  BIDDER. 

Section  8.  The  common  council  of  said  city  shall  have 
power,  and  may,  in  its  discretion,  by  a,  vote  of  two-thirds  of  all 
the  members,  advertise  and  let  to  the  lowest  responsible  bidder, 
whose  bid  it  shall  deem  reasonable  and  proper,  the  construction 
of  any  sidewalk  or  gutter,  or  the  making  of  improvement  on  or 
along  any  street  in  said  city  which  shall  have  been  ordered,  and 
levy  a  tax  upon  each  lot  or  piece  of  ground  in  front  of  which 
such  sidewalk,  gutter  or  improvement  shall  have  been  ordered 
and  constructed  under  such  contract,  sufficient  to  pay  the  costs 
of  constructing  the  same,  without  giving  notice  requiring  the 
owner  or  owners  of  such  lot  or  lots  or  pieces  of  ground  to  con¬ 
struct  the  some. 

See  sec.  925 — 186,  R.  S.,  1898,  adopted  by  ordinance  1237,  p.  132. 


MAY  CONTRACT  FOR  GRADING,  ETC.,  OF  STREETS. 

Section  9.  The  common  council  of  the  city  of  Madison 
shall  have  the  power,  by  an  affirmative  vote  of  two-thirds  of  all 
its  members,  to  order  and  contract  for  the  making,  grading,  pav¬ 
ing  and  repairing  and  cleansing  of  streets  and  parts  of  streets, 
alleys,  public  grounds,  reservoirs,  gutters  and  sewers,  in  the  man¬ 
ner  hereinafter  mentioned,  and  direct  and  control  the  persons 
employed  therein. 

COST  OF  STREET  IMPROVEMENTS. 

Section  10.  (As  amended  by  section  9  of  chapter  195,  Laws 
of  1885.)  The  cost  and  expenses  of  surveying  streets,  alleys 
and  gutters,  and  of  estimating  work  thereon  in  the  execution  of 
any  public  improvement,  shall  be  chargeable  to  and  payable  by 
the  city.  The  cost  and  expense  of  opening,  grading,  graveling, 
planking,  paving  or  repairing  streets  and  alleys  shall  be  charge¬ 
able  to  and  payable  wholly  or  in  part,  by  the  lots  or  land  fronting 
on  such  street  or  alley,  so  that  each  lot  or  parcel  of  land  shall 


MADISON  CITY  CIIARTEK. 


S3 


pay  for  work  between  the  front  of  each  lot  or  parcel  of  land  and 
the  center  of  such  street  or  alley,  or  such  proportion  thereof  as 
the  common  council  shall  determine,  or  out  of  the  general  fund ; 
gutters  may  be  ordered  by  the  common  council,  and  built  at  the 
expense  of  the  lots  or  parts  of  lots  benefited  thereby,  and  front¬ 
ing  upon  the  side  of  the  street  along  which  said  gutters  shall  be 
constructed ;  provided,  however,  that  when  gutters  are  con¬ 
structed  through  alleys,  no  lots  shall  be  assessed  therefor  except 
those  situated  in  the  block  through  which  such  gutters  may  be 
constructed ;  and  provided  further,  that  in  all  cases  when  improve¬ 
ments,  or  work  of  any  kind,  are  chargeable  by  virtue  of  this 
section  upon  lots  benefited,  all  such  improvements  across  streets, 
alleys  and  public  grounds  shall  be  made  and  paid  for  by  the  city 
in  proportion  to  the  width  of  the  street,  alley  or  public  ground. 


ESTIMATES  TO  BE  MADE - WORK  MAY  BE  LET  BY  CONTRACT  OR 

PERFORMED  BY  CITY. 

Section  11.  Whenever  the  council  shall  determine  to  make 
any  public  improvement,  as  authorized  by  this  chapter,  it  shall 
cause  to  be  made  an  estimate  of  the  whole  expense  thereof,  and 
of  the  amount  thereof  to  be  assessed  and  charged  to  each  lot  and 
parcel  of  land,  and  in  case  of  grading,  of  the  number  of  cubic 
yards  to  be  filled  in  or  excavated  in  front,  of  each  lot,  and  the 
proportion  thereof  across  each  street,  alley  or  public  ground  as 
aforesaid  ;  and  such  estimate  shall  be  filed  in  the  office  of  the  city 
clerk  for  the  inspection  of  parties  interested,  before  such  work 
shall  be  ordered  to  be  done.  The  common  council  may  author¬ 
ize  the  letting  of  such  work  by  contract  to  the  lowest  bidder,  at 
the  expense  of  the  lots  upon  which  such  work  is  chargeable,  in 
whole  or  in  part,  as  aforesaid,  all  bids  for  doing  the  same,  to  be 
approved  by  the  council ;  and  the  said  council  shall  have  power 
to  reject  any  and  all  bids,  and  may  require  such  contractors  to 
perform  such  contract  within  such  time  and  under  such  condi¬ 
tions,  and  to  give  such  security  for  the  performance  of  such 
work  as  it  shall  direct  ;  such  contract,  wheji  approved  by  the 


*See  sec.  925 — 175,  R.  S.,  1898,  adopted  by  ordinance  1237,  p.  128. 


84 


MADISON  CITY  CHARTER. 


council,  to  be  executed  on  the  part  of  the  city  by  the  mayor,  and 
countersigned  by  the  city  clerk;  notice  of  the  time  and  place  of 
receiving  such  bids  to  be  published  for  ten  days  in  the  official 
paper  of  said  city. 

DEEP  CUTTING  AND  EXTRAORDINARY  FELLING. 

r  • 

{ 

Section  12.  Whenever  the  general  interests  of  the  city  re¬ 
quire  deep  cutting  or  extraordinary  filling  in  any  street,  and  the 
owners  of  the  lots  or  lands  fronting  on  such  deep  cutting  or  filling 
shall  deem  themselves  aggrieved  thereby,  and  shall  represent  to 
the  council  in  writing,  that  the  expenses  of  such  excavation  or 
filling  will  exceed  the  proportion  that  should  be  justly  and 
equitably  charged  upon  the  property  assessed  therefor,  the  coun¬ 
cil  shall  require  the  chief  of  police  to  summon  five  freeholders, 
not  residents  of  the  ward  nor  interested  in  said  lots  or  lands,  who, 
after  being  sworn  faithfully  and  impartially  to  discharge  the 
trust  reposed  in  them,  shall  examine  the  premises,  and,  if  in  their 
opinion,  the  cost  of  such  work  will  exceed  the  amount  that  should 
be  justly  and  equitably  chargeable  upon  said  premises,  it  shall 
be  their  duty  to  determine  what  portion  of  such  work  shall  be 
chargeable  to  such  lots  or  parcels  of  land  respectively,  and  what 
lots  or  parcels  of  land  on  the  streets  so  to  be  improved  will  be 
benefited  by  such  deep  cutting  or  filling,  and  liow  much  or  what 
portion  shall  be  chargeable  to  them,  and  to  make  a  report  thereof 
in  writing  as  soon  as  practicable,  to  the  common  council ;  and 
such  proportion  as  shall  be  reported  as  properly  chargeable  to 
the  lots  or  parcels  first  mentioned,  shall  be  assessed  upon  and  col¬ 
lected  from  the  same,  in  the  same  manner  as  herein  provided  ;  in 
case  such  owners  shall  not  do  such  work,  and  the  remainder  shall 
be  assessed  upon  the  lots  benefited  by  such  improvement,  in 
proportion  to  their  respective  benefit  as  determined  by  said  jury. 
The  sum  so  assessed  shall  become  a  lien  upon  the  premises  as¬ 
sessed,  and  shall  be  collected  therefrom  as  a  special  assessment, 
in  the  same  manner  as  other  special  assessments  for  improve¬ 
ments  are  collected ;  provided,  that  should  said  jury  find  that 
said  petitioners  were  not  entitled  to  any  division  of  the  expense 
so  assessed  upon  their  lots  or  parcels  of  land,  then  the  expense 


MADISON  CITY  CHARTER. 


85 


of  all  proceedings  under  this  section  shall  he  paid  hy  said  peti¬ 
tioners,  and  the  common  council  may  require  a  bond  for  the  pay¬ 
ment  of  the  same  on  the  filing  of  the  petition ;  provided,  'also, 
that  the  petition  of  no  owner  feeling  himself  aggrieved  shall  be 
received  unless  the  same  shall  be  presented  within  twenty  days 
after  the  publication  of  the  notice  requiring  the  same  to  be  done  ; 
and  provided  further,  that  when  it  shall  appear  to  the  council 
that  any  such  lands  belong  to  non-residents,  infants  or  persons 
laboring  under  legal  disability,  who  shall  not  be  represented  by 
any  agent  or  guardian,  or  not  be  benefited  by  the  making  of 
streets  in  front  of  such  lots  or  lands  to  the  amount  of  the  costs 
and  expenses  thereof,  it  shall  then  be  the  duty  of  said  council  to 
cause  to  be  summoned  a  jury  as  herein  provided. 

WHO  TO  SUPERVISE  WORK. 

Section  13.  All  work  provided  for  in  this  chapter  shall  be 
done  under  the  supervision  of  the  mayor,  superintendent  of 
streets  and  city  surveyor,  and  shall  be  approved  by  them  before 
it  shall  be  accepted  by  the  council. 

STREET  IMPROVEMENTS,  HOW  MADE  AND  PAID  FOR - ISSUANCE 

OF  SPECIAL  STREET  IMPROVEMENT  BONDS. 

Section  14.  (As  amended  by  section  2  of  chapter  244,  Laws 
of  1889,  and  by  section  1  of  chapter  319,  Laws  of  1891.)  When¬ 
ever  the  owners  of  more  than  one-half  of  the  frontage  of  the  lots 
upon  that  part  of  any  street  proposed  to  be  improved,  shall  peti¬ 
tion  the  common  council  to  improve  such  street  or  part  of  street, 
by  stone  paving,  macadam  or  otherwise  as  set  forth  in  such  peti¬ 
tion,  the  common  council  shall  order  such  improvement  to  be 
made  as  shall  be  fully  specified  by  the  city  surveyor  and  ap- 
proved  by  the  mayor,  and  upon  advertisement,  which  shall  set 
forth  clearly  such  specifications,  may  contract  for  such  work  to  be 
done  by  the  lowest  responsible  bidder,  if  deemed  reasonable  in 
costs.  Provided,  that  such  improvement,  unless  made  to  con¬ 
nect  with  street  somewhat  similarly  improved,  shall  be  made  to 
extend  upon  such  street,  not  less  than  the  length  or  width  of 
three  blocks  of  lots,  and  the  street  crossings  between.  The  cost 
of  such  improvement  when  made,  shall  be  assessed  to  the  re~ 


80 


MADISON  CITY  CHARTER, 


spective  owners  of  the  lots  fronting  on  such  street,  in  the  ratio 
of  each  owner’s  number  of  feet  front,  to  the  entire  length  of 
such  improvement,  exclusive  of  street  crossings,  which  shall  be 
charged  to  the  city  as  its  proportion  of  expense,  and  such  cross¬ 
ings  shall  be  made  to  conform  with  the  streets  so  improved.  In 
order  to  provide  for  the  payment  of  any  such  street  improve¬ 
ment,  the  common  council  may  issue  bonds  of  the  city  in  sums 
of  $100  each,  with  six  per  cent,  interest  annually,  payable  in  ten 
equal  annual  installments,  which  installments  shall  be  in  the 
form  of  yearly  coupons  attached,  each  coupon  to  be  of  an  amount 
which  shall  be  one-tenth  of  the  unpaid  principal  and  six  per 
cent,  interest  upon  the  unpaid  part  of  the  said  bond  to  the  first 
day  of  May  when  payable,  each  year,  or  such  bonds  with  or 
without  coupons  payable  at  such  times  as  it  may  prescribe. 
Such  bonds  to  be  designated  as  “special  street  improvement 
bonds,”  and  shall  be  received  by  the  city,  if  presented  in  pay¬ 
ment  for  any  special  tax  for  which  such  bond  was  issued.  Upon 
the  assessment  being  once  made  as  herein  provided,  there  shall 
be  levied  annually  for  ten  years  a  special  tax  upon  the  property 
so  assessed,  of  such  an  amount  as  will  be  required  to-  pay  one- 
tenth  of  the  proportionate  cost  of  such  improvement,  and  the  six 
per  cent,  interest  thereon,  upon  any  unpaid  portion  to  the  first 
day  of  May  following  the  date  of  the  warrant  for  collecting  the 
same;  provided,  that  any  lot  owner  or  lot  owners  may  at  any 
time,  pay  the  entire  principal  sum  due,  with  the  interest  up  to 
the  first  day  of  May  following  such  payment,  whereupon  the  lot 
so  paid  for  shall  cease  to  be  specially  taxed  therefor.  All  special 
taxes  levied  in  accordance  with  the  provisions  of  this  section 
shall  be  paid  or  collected  in  the  same  manner  as  other  city 
taxes.  Such  bonds  may  be  issued  both  for  the  payment  of  the 
cost  of  said  improvement  in  front  of  the  lots  of  the  respective 
owners,  and  for  the  payment  of  the  improvement  upon  said 
street  crossings.  The  bonds  for  the  improvement  of  such  street 
crossings  shall  be  of  the  same  denominations  and  bear  the  same 
rate  of  interest  as  the  other  bonds  mentioned  herein,  and  shall  be 
payable  in  ten  annual  installments,  which  installments  shall  be 
in  the  form  of  yearly  coupons  attached,  each  coupon  to  be  of  an 
amount  which  shall  be  one-tenth  of  the  unpaid  principle,  and  six 


MADISON  CITY  CHARTER. 


87 


per  cent,  interest  upon  the  unpaid  part  of  said  bond  to  the  first 
of  May,  when  payable  each  year;  or  such  bonds  may  be  issued 
with  or  without  coupons  payable  at  such  times  as  may  be  pre¬ 
scribed.  Such  bonds  for  the  improvement  of  street  crossings 
shall  be  designated  as  “special  street  improvement  bonds.” 
When  any  assessment  is  made  pursuant  to  this  section  there 
shall  be  levied  annually  for  ten  years,  a.  tax  for  such  an  amount 
as  will  be  required  to  pay  one-tenth  of  the  proportionate  cost  of 
such  improvement  for  such  street  crossings  and  the  six  per  cent, 
interest  thereon  upon  any  unpaid  portion  to  the  first  of  May 
following  the  date  of  the  warrant  for  collecting  the  same.  All 
taxes  levied  in  accordance  with  the  provisions  of  this  section, 
shall  be  paid  or  collected  in  the  same  manner  as  other  city  taxes  ; 
and  said  bonds  for  the  improvement  of  street  crossings  shall  be 
paid  as  aforesaid,  and  out  of  the  general  fund.  The  common 
council  of  the  city  of  Madison  is  hereby  empowered  to  pass  any 
ordinance  which  it  may  deem  advisable  or  necessary  to  carry  the 
provisions  of  this  section  into  force  and  effect.* 


CHAPTER  VII. 

WHO  CONTROLS  FUNDS. 

Section  1.  All  funds  in  the  city  treasury,,  except  school, 
state  and  county  funds,  shall  be  under  the  control  of  the  common 
council,  and  shall  be  drawn  out  upon  the  certificate  of  the  mayor, 
countersigned  by  the  clerk,  duly  authorized  by  a  vote  of  the  com¬ 
mon  council,  and  in  no  other  manner ;  and  all  certificates  drawn 
upon  the  treasury  shall  specify  the  purpose  for  which  they  were 
drawn,  and  shall  be  payable  generally  out  of  any  funds  in  the 
treasure  belonging  to  the  citv.f 

*See  sec.  925 — 176,  R.  S.  1898,  adopted  by  ordinance  1237,  p.  128. 
tSee  sec.  925 — '127  and  128,  relating  to  deposit  of  funds  and  how 
drawn  upon,  p.  126. 


88 


MADISON  CITY  CHARTER, 


INDEBTEDNESS - HOW  CONTRACTED - BONDS. 

Section  2.  (As  amended  by  section  11  of  chapter  269,  Laws 
of  1887,  and  by  section  3  of  chapter  244,  Laws  of  1889,  and  by 
section  2  of  chapter  319,  Laws  of  1891.)  The  common  council 
shall  have  no  power  or  authority,  and  it  is  hereby  prohibited 
from  borrowing  any  money  or  from  authorizing  any  city  offi¬ 
cer  to  borrow  money  for  the  use  of  the  city,  nor  shall  it 
have  power  or  authority  to  issue  any  bonds,  or  to  contract  or 
create  any  debt  for  any  purpose  whatever,  unless  there  is  money 
in  the  city  treasury  for  the  payment  of  the  same,  except  for  such 
work  on  the  streets  as  shall  be  paid  by  special  tax  or  assessment 
on  the  property  benefited  thereby,  and  except  as  hereinafter  ex¬ 
pressly  provided.  The  common  council  shall  have  power  to 
issue  bonds  for  street  improvements,  as  provided  in  the  last 
section,*  to  refund  existing  indebt <'dn  <*s,  and  to  issue  londs 
therefor,  payable  within  twenty  years,  at  a  rate  of  interest  not 
exceeding  six  per  cent,  per  annum ;  it  shall  have  power  to  bor¬ 
row  money  for  the  construction  of  water-works,  to  issue  bonds 
therefor,  payable  within  twenty  years,  and  at  a  rate  of  interest 
of  five  per  cent,  per  annum,  and  no  bonds  shall  be  issued,  unless 
the  same  shall  be  authorized  by  a  vote  of  not  less  than  two-thirds 
of  the  members  of  the  common  council  taken  by  ayes  and  noes 
at  a  regular  meeting  thereof  and  duly  recorded  upon  the  journal 
of  the  council,  and  such  bonds  shall  not  be  sold  or  disposed  of 
for  less  than  their  par  value,  No  certificate  of  indebtedness 
shall  be  drawn  on  the  city  treasury,  unless  the  same  shall  be 
authorized  by  a  majority  of  all  the  members  of  the  common 
council,  and  the  vote  authorizing  the  same  shall  be  entered  by 
the  ayes  and  noes  upon  the  journal  for  the  council,  and  no  money 
shall  be  appropriated  for  any  expenses  whatsoever,  except  such 
as  is  expressly  authorized  by  this  act ;  provided,  that  the  sum  of 
five  thousand  dollars,  now  in  the  water  fund  of  said  city,  shall 
by  a  vote  of  the  common  council  be  transferred  from  the  city 
water  fund,  arising  from  the  three  mills  levied  and  collected 
upon  the  assessed  value  of  the  real  and  personal  property  of 
said  city,  to  be  used  for  the  payment  of  the  principle  and  in¬ 
terest  of  the  bonded  debt  of  the  city ;  and  provided  further,  that 

*See  sec.  14,  chap.  VI,  which  is  section  1  of  chapter  319,  Laws  of  1891, 
and  is  the  section  referred  to  in  this  section. 


MADISON"  CITY  CHASTER, 


89' 


an  additional  sum  of  seven  thousand  dollars,  now  in  the  water 
fund  of  said  city,  be  transferred  to  the  general  fund  of  said 
city,  and  the  treasurer  of  said  city  is  hereby  directed  to  make 
transfer  of  the  said  sums  above  named,  in  the  manner  and  for 
the  purposes  above  specified  and  determined,  immediately  upon 
such  a  vote  having  been  taken  by  the  common  council.* 

PENALTIES,  ETC.,  PAID  INTO  GENERAL  FUND. 

Section  3.  All  forfeitures  and  penalties  accruing  to  the  city 
for  a  violation  of  this  act,  or  any  of  the  ordinances,  by-laws,  rules 
and  regulations  of  the  city,  and  all  moneys  received  for  licenses, 
shall  be  paid  into  -the  city  treasury  and  become  a  part  of  the.  gen¬ 
eral  fund,  except  as  otherwise  provided  by  this  act. 

PROPERTY  SUBJECT  TO  TAXATION. 

Section  4.  All  property,  real  or  personal,  withn  the  city, 
except  such  as  may  he  exempt  by  the  laws  of  the  state,  shall  he 
subject  to  annual  taxation  for  the  support  of  the  city  government 
and  the  payment  of  its  debts  and  liabilities,  and  the  same  shall 
be  assessed  in  the  manner  hereinafter  provided.  The  assessors 
elected  under  this  act  shall  have  and  possess  the  same  powers 
that  are  or  may  hereafter  be  conferred  upon  township  assessors, 
except  so  far  as  they  may  be  altered  by  this  act ;  provided,  how¬ 
ever,  that  the  common  council  may  prescribe  the  form  of  assess¬ 
ment  rolls,  and  more  fully  define  the  duties  of  assessors  and  make 
such  rules  and  regulations  in  relation  to  revising,  altering  or  per¬ 
fecting  such  rolls  as  it  may  from,  time  to  time  deem  advisable. 

HOW  FUNDS  APPLIED. 

Section  5.  All  funds  coming  into  the  city  treasury  shall 
be  appropriated  and  used  exclusively  for  the  purposes  for  which 

*See  section  926 — 11,  as  amended  by  chapter  228  and  428,  Laws  of 
1903,  and  section  943,  as  amended  by  chapter  312,  Laws  of  1903,  Wis¬ 
consin  Statutes  of  1898,  relating  to  issuance  of  bonds  by  cities;  alsa 
see  chapter  379,  Laws  of  1903,  legalizing  the  issue  of  bonds  thereto¬ 
fore  issued  without  being  submitted  to  a  vote  of  the  people. 


90 


MADISON  CITY  CHARTER. 


said  funds  were  raised,  and  for  no  other  purpose  whatever,  and 
any  conversion  or  appropriation  of  any  of  the  funds  of  the 
city  to  persons,  or  for  purposes  not  authorized  by  the  city  charter, 
by  the  common  council,  shall  be  deemed  a  misdemeanor  on  the 
part  of  each  and  every  member  of  the  common  council  voting  for 
the  same,  and  each  and  every  member  thereof  so  voting  may  be 
prosecuted  and  punished  as  provided  in  section  twelve  of  chapter 
eleven  of  the  city  charter  for  similar  offenses.  It  shall  not  be 
lawful  for  the  city  treasurer  to  pay  out  any  funds  in  his  hands 
that  were  raised  for  any  particular  or  specified  purpose,  on  ap¬ 
propriations  or  orders  made  by  the  common  council,  for  any 
other  purpose  than  that  for  which  such  funds  were  raised.  And 
any  violation  of  this  act  shall  be  deemed  a  misdemeanor,  and 
upon  conviction  thereof,  such  treasurer  shall  be  fined  in  a  sum 
not  less  than  ten  nor  more  than  one  hundred  dollars  and  costs  of 
suit,  and  shall  also  be  liable  on  his  official  bond  for  the  repay¬ 
ment  of  all  such  sums  of  money  *  and  the  city  or  any  person  or 
persons  having  claims  against  the  fund  so  misapplied,  may  sue 
for  and  recover  the  same. 

FISCAL.  YEAR - TAXATION  FOR  GENERAL  PURPOSES. 

Section  6.  (As  amended  by  section  12  of  chapter  269,  Laws 
of  1885,  and  by  section  1  of  chapter  244,  Laws  of  1889.)  The 
fiscal  year  of  the  city  of  Madison  shall  commence  on  the  first 
day  of  September,  on  which  day,  or  as  soon  thereafter  as  the 
certificate  of  the  county  clerk,  stating  the  amount  of  state  and 
county  taxes  apportioned  to  the  city  of  Madison,  shall  be  re¬ 
ceived,  the  clerk  shall  notify  the  mayor,  who  shall  call  a  special 
meeting  of  the  council  as  soon  as  practicable,  at  which  meeting, 
or  within  five  days  thereafter,  the  council  shall,  by  resolution, 
determine  what  amount  of  money,  including  the  estimated  rev¬ 
enues  of  the  city  not  derived  from  direct  taxation  for  the  current 

» 

fiscal  year,  will  be  required  for  all  city  purposes  during  that 
year ;  and  the  council  shall  thereupon,  by  resolution,  levy  a  tax 
which,  together  with  a  tax  required  to-  be  levied  for  the  state, 
county  and  school  purposes,  and  for  delinquent  taxes  of  the  pre¬ 
ceding  year,  shall  not  exceed  in  amount  two  per  cent,  of  the 
assessed  value  of  real  and  personal  property  of  the  city  for  that 


MADISON  CITY  CHARTER. 


91 


year.  Of  the  amount  so  levied,  a  sum  equal  to  two-tentlis  of 
one  per  cent,  of  the  assessed  valuation  of  the  real  and  personal 
property  of  the  city  shall  be  set  apart  and  used  for  the  payments 
of  the  interest  and  principal  of  the  bonded  debt  of  the  city  so 
long  as  any  portion  of  such  debt  shall  remain  unpaid ;  the  sum 
of  one-tenth  of  one  per  cent,  of  the  assessed  valuation  of  the  real 
and  personal  property  of  this  city  shall  be  set  apart  to  be  paid  to 
the  treasurer  of  the  board  of  education,  and  it  shall  be  applied 
to  the  payment:  of  the  principal  and  interest  on  a  loan  of  forty- 
five  thousand  dollars  or  less  that  may  be  made  by  the  board  of 
education  of  said  city,  for  building  purposes,  so  long  as  any 
part  of  such  loan  remains  unpaid,  and  when  said  loan  and  in¬ 
terest  is  wholly  paid,  said  money  so  collected  shall  be  set  apart 
and  used  for  the  payment  of  the  principal  and  interest  of  the 
bonded  debt  of  the  city,  so  long  as  any  portion  of  the  debt  re¬ 
mains  unpaid,  and  a  further  sum  equal  to  four-tenths  of  one  per 
cent,  of  the  assessed  valuation  of  the  real  and  personal  property 
of  the  city,  or  such  less  sum  as  the  board  of  education  may  by 
resolution  determine  to  be  sufficient,  shall  be  set  apart  and  used 
for  the  payment  of  the  current  and  contingent  expenses  of  the 
city  schools  and  for  no  other  purpose  whatever ;  and  the  sum  of 
three-tenths  of  one  per  cent,  of  the  assessed  valuation  of  the  real 
and  personal  property  of  the  city,  or  such  less  sum  as  the  board 
of  water  commissioners  may,  by  resolution  determine  to  be  suffi¬ 
cient  at  a  meeting  of  said  board  prior  to  the  time  of  the  levy  of 
the  tax  by  the  common  council  of  the  city  as  specified,  shall  be 
set  apart  to  the  water-works  fund  hereinafter  provided  for ;  and 
such  sums  as  shall  be  included  in  the  estimates  made  in  pursuance 
of  this  section  for  the  Forest  Hill  Cemetery  and  free  public  li¬ 
brary,  shall  be  set  apart  and  used  for  the  expenses  of  the  mainte¬ 
nance  of  said  cemetery  and  free  public  library  and  for  no  other 
purpose;  and  the  remainder  of  the  tax  levied  under  the  pro¬ 
visions  of  this  section  shall  constitute  a  general  fund  of  this  city. 
All  resolutions  for  the  purpose  of  levying  taxes  shall  require  for 
their  passage  an  affirmative  vote  of  two-thirds  of  the  members  of 
the  common  council. 


92 


MADISON  CITY  CHARTER, 


TAXES  TO  BE  A  LIEN  UPON  PROPERTY. 

Section  7.  All  taxes  or  assessments,  general  or  special,  levied 
under  this  act,  shall  he  and  remain  a  lien  upon  the  lands  and 
tenements  upon  which  they  may  be  assessed,  and  upon  all  per¬ 
sonal  property  of  any  person  or  body  politic,  assessed  for  per¬ 
sonal  taxes,  from  the  date  of  the  warrant  for  the  collection  there¬ 
of,  until  such  taxes  shall  he  paid,  and  no  sale  or  transfers  of  such 
real  or  personal  property  shall  affect  such  lien.  Any  personal 
property  belonging  to  the  person  taxed  may  be  taken  and  sold  for 
the  payment  of  taxes  upon  personal  property. 

t 

ASSESSMENT  ROEE,  TRANSMITTED  TO  COUNTY  CLERK. 

Section  8.  Before  the  annual  meeting  of  the  hoard  of  super¬ 
visors  of  the  county  of  Dane,  and  by  the  time  required  by  the 
laws  of  the  state  for  the  return  of  assessments  from  the  several 
towns,  the  city  clerk  shall  transmit  a  copy  of  the  assessment  roll 
to  the  county  clerk  of  said  county,  who  shall  lay  the  same  before 
said  board  at  its  annual  meeting. 

f 

EQUALIZATION. 

Section  9.  The  board  of  supervisors  shall  have  the  right 
to  regard  the  city  of  Madison  as  a  town,  in  equalizing  the  assess¬ 
ment  rolls  of  the  several  towns  in  said  county,  as  provided  by  law, 
but  in  such  equalization  shall  consider  the  assessment  roll  of  said 
city  as  an  entire  roll,  and  shall  not  change  the  relative  valuation 
of  the  different  wards. 

ITOAV  BOARD  OF  SUPERVISORS  PROCEEDS. 

Section  10.  The  board  of  supervisors  may  levy  a  tax  or 
taxes,  as  now  is  or  may  hereafter  be  provided  by  law  in  rela¬ 
tion  to  towns,  but  shall  proceed  therein  without  regard  to  the 
division  of  the  city  into1  wards,  and  shall  cause  the  amount  of 
taxes  so  levied  to  be  certified  to  the  city  or  city  clerk,  in  the 
manner  provided  by  law,  in  relation  to  towns  or  town  clerks ; 
and  in  all  transactions  of  the  board  of  supervisors  of  said  county, 
said  city  shall  be  regarded  as  a  town,  except  as  herein  otherwise 
provided. 


MADISON  CITY  CHARTER. 


93 


L 

ASSESSMENT  ROLE. 

Section  11.  Upon  receiving  the  statement  of  the  amount 
of  taxes  so  levied,  the  city  clerk  shall  make  out  upon  the  assess¬ 
ment  roll,  in  a  column  left  for  that  purpose,  or  upon  a  copy 
thereof,  a  complete  statement  of  the  several  amounts  of  taxes 
levied  for  the  state,  county,  city  or  other  purposes,  and  all 
•delinquent  taxes,  if  any,  of  previous  years,  and  all  special  taxes 
levied  by  the  common  council  since  the  making  out  of  the  last 
annual  tax  list,  in  such  separate  columns  as  may  he  necessary, 
with  the  total  footing  carried  out  opposite  each  tract  or  lot  of 
land  or  person  named  therein,  which  statement  shall  be  preserved 
by  said  clerk  as  a  record  in  liis  office,  and  shall  have  the  same 
legal  force  and  effect  as  the  records  of  the  common  council.  The 
said  city  clerk  may  calculate  the  state,  county,  school  and  city 
taxes  together,  and  carry  the  amount  thereof  into  one  column ; 
but  in  such  case  he  shall  specify  the  per  centum  upon  one  dollar 
of  valuation  of  state  tax,  county  tax,  school  tax  and  city  tax 
separately,  in  his  warrant  to  the  treasurer  for  the  collection  of 
such  taxes. 


TAX  LIST  TO  BE  EVIDENCE  OF  REGULARITY. 

Section  12.  The  tax  list  made  out  and  preserved  as  afore¬ 
said,  shall  be  prim<co  facie  evidence  in  every  court  of  record  of 
this  state,  that  every  act  or  thing  required  by  law  to  be  done, 
relating  to  assessing  or  levying  taxes,  from  election  of  officers  to 
the  completion  of  the  tax  list  inclusive,  has  been  done  regularly, 
correctly  and  as  required  by  law. 

DUPLICATE  COPY  FOR  TREASURER. 

Section  13.  Immediately  after  making  out  the  tax  list 
aforesaid,  the  clerk  shall  make  out  a  duplicate  copy  thereof,  to 
which  shall  be  appended  a  warrant,  signed  by  the  mayor  and 
clerk,  and  sealed  with  the  corporate  seal  of  said  city,  directed 
to  the  treasurer,  requiring  and  commanding  him  to  collect  the 
taxes  and  assessments  specified  in  the  said  duplicate  copy  of 
the  tax  list,  in  the  manner  provided  by  law ;  and  the  said  clerk 
shall,  on  or  before  the  second  Monday  of  December  of  the  said 


94 


MADISON  CITY  CHARTER. 


year,  or  as  soon  thereafter  as  practicable,  deliver  the  same  to 
the  city  treasurer  for  collection,  and  make  a  record  of  said 
delivery  on  the  tax  list  preserved  in  his  office. 

TREASURER  TO  COELECT - HIS  FEES. 

Section  14.  The  city  treasurer  upon  the  receipt  of  such 
duplicate  copy  of  the  tax  list,  shall  proceed  to  collect  the  same 
in  like  manner,  and  shall  have  like  powers,  and  be  subject  to 
like  requirements,  liabilities  and  restrictions  as  town  treasurers, 
except  as  otherwise  provided  in  this  act.  The  city  treasurer 
shall  charge  and  collect  no  fee  whatever  on  any  tax  paid  on  or 
before  the  tenth  day  of  J anuary  in  each  year,  and  upon  all 
taxes  paid  after  that  day,  he  shall  charge  and  collect  two  per 
cent,  fees,  to  be  added  to  the  amount  of  taxes,  and  collected  with 
the  same ;  and  all  fees  so  collected  by  him  shall  be  paid  into  the 
general  fund  of  the  city. 

WHEN  SHALL  MAKE  DELINQUENT  LIST. 

Section  15.  On  or  before  the  fifteenth  day  of  February  of 
each  year,  unless  the  time  be  extended  as  provided  by  law,  the 
city  treasurer  shall  make  out  and  return  to  the  treasurer  of 
Dane  county,  a  list  of  all  lands,  lots  and  personal  property 
upon  which  the  taxes  have  not  been  paid,  and  shall  add  to  said 
taxes  remaining  unpaid,  five  per  cent,  upon  all  delinquent  lands 
or  lots  so  returned  by  the  city  treasurer  to  the  county  treasurer 
of  Dane  county,  and  shall  make  return  of  said  taxes,  with  said 
five  per  cent,  added,  and  shall  also  settle  with,  and  pay  over  all 
moneys  properly  payable  to  said  county  treasurer  in  like  man¬ 
ner  as  now  is  or  may  hereafter  be  required  of  town  treasurers ; 
and  all  the  provisions  of  the  general  laws  of  this  state  shall 
extend  to  any  may  be  enforced  to  collect  any  delinquent  per¬ 
sonal  property  tax,  of  whatever  year,  now  due  to  said  city. 

WHO  TO  SELL  DELINQUENT  LANDS. 

Section  16.  The  county  treasurer  shall  sell  all  delinquent 
lands  and  lots  returned  from  the  city  of  Madison,  at  the  same 
time,  and  in  the  same  manner  as  other  delinquent  lands  are 
sold  in  said  county. 


MADISON  CITY  CHARTER 


95 


NO  PROPERTY  EXEMPT  FROM  SPECIAL  TAXES. 

Section  17.  (As  amended  by  section  10,  of  chapter  195, 
Laws  of  1885,  and  by  section  1,  of  chapter  326,  Laws  of  1885.) 
All  real  estate  exempt  from  taxation  by  the  laws  of  this  state 
shall  be  subject  to  all  special  taxes  for  the  building  of  side¬ 
walks,  sewers  and  gutters,  and  improvement  of  streets  in  front 

of  the  same,  unless  otherwise  ordered  by  the  common  council. 

*  «' 

See  chapter  250,  Laws  of  1901,  exempting  real  estate  belonging  to  or 
held  in  trust  for  the  state. 


OF  ERRORS. 

Section  18.  Xo  error  or  informality  in  the  proceedings  of 
any  of  the  officers  in  assessing  property,  levying  or  collecting 
taxes,  or  making  return  of  unpaid  taxes,  not  affecting  the  sub¬ 
stantial  justice  of  the  tax  itself,  shall  invalidate  or  vitiate  or 
any  wise  affect  the  validity  of  the  assessment  or  tax ;  provided, 
that  this  section  shall  not  be  so  construed  as  to  dispense  with 
the  requisite  two-thirds  vote  of  all  the  members  of  the  council 
in  the  levying  a  tax. 

CERTIFICATES  NOT  RECEIVABLE  FOR  INDEBTEDNESS. 

Section  19.  The  city  treasurer  shall  not  receive  from  the 
treasurer  of  the  county  of  Dane,  tax  certificates  in  payment  of 
any  indebtedness  which  may  become  due  from  said  county  to 
said  city.  The  city  shall  contract  no  debt:,  and  the  common 
council  shall  make  no  appropriation  during  any  fiscal  year  for 
city  purposes  greater  than  the  amount  determined  upon,  as 
provided  in  this  chapter,  for  such  purpose,  together  with  the 
amount  of  money  which  may  at  any  time  be  in  the  city  treasury, 
derived  from  other  sources  than  taxation, 

NO  SCRIP  OR  OTHER  EVIDENCE  OF  DEBT  TO  BE  ISSUED. 

Section  20.  Xo  scrip,  certificate,  treasury  order,  nor  otht>* 
evidence  of  debt  shall  hereafter  be  issued  or  authorized  by  the 
common  council  of  the  city  of  Madison,  except  as  provided  in 
this  act;  but  whenever  the  common  council  shall  lawfully  ap- 


96 


MADISON  CITY  CHAETEE. 


propriate  money  to  any  party,  to  be  paid  out  of  the  city  treas¬ 
ury,  the  mayor  and  city  clerk  shall  certify  the  fact  directly  to 
the  city  treasurer,  in  the  order  in  which  such  appropriations 
are  made,  specifying  in  said  certificate  also  the  purpose  for 
which  said  appropriation  was  made;  and  said  treasurer  shall 
pay  the  amounts  so  appropriated  and  certified  in  the  order  in 
which  they  are  so  certified,  out  of  any  funds  in  his  hands  be^ 
longing  to  the  city,  taking  proper  receipts  therefor  and  filing 
them  in  liis  office,  and  the  city  funds  shall  be  paid  out  of  the 
treasury  in  no  other  manner  whatsoever. 

MAY  LEVY  TAXES  TO  PAY  JUDGMENTS. 

Section  21.  The  common  council  shall  have  power,  by  a 
two-thirds  vote  of  all  the  members  thereof,  to  levy  a  tax  or 
taxes  to  pay  any  or  all  judgments  against  the  city. 

TEEASUEEE  MAY  BE  EEMOVED. 

Section  22.  In  case  the  city  treasurer  shall  at  any  time 
refuse  or  neglect  to  perform  his  duties  in  enforcing  the  payment 
of  taxes  as  provided  by  this  act,  and  as  authorized  and  required 
by  the  laws  of  this  state,  the  common  council  shall  forthwith 
remove  such  treasurer  from  office  and  appoint  a  suitable  person 
to  fill  the  vacancy. 


ACCOUNTS  TO  BE  VEEIFIED. 

Section  23.  All  accounts  or  demands  against  the  city,  be¬ 
fore  the  same  shall  be  allowed,  shall  be  verified  by  affidavit, 
except  salaries  and  amounts  previously  fixed  or  determined  by 
law;  and  any  person  who  shall  falsely  swear  to  any  such  ac¬ 
count  or  demand  shall  be  deemed  guilty  of  perjury. 

APPEOPEIATIONS  TO  BE  AUTHOEIZED  BY  COUNCIL. 

Section  24.  Ho  money  shall  be  appropriated  or  drawn  out 
-of  the  city  treasury,  except  in  payment  of  accounts  or  demands 
allowed  by  the  common  council,  and  no  interest  shall  be  allowed 
or  paid  on  any  city  order  or  certificate  whatever;  provided, 


MADISON  CITY  CHARTER. 


97 


however,  that  when  the  city,  being  duly  authorized  thereto,  shall 
borrow  money,  certificates  of  appropriations  therefor  may  be 
issued,  payable  at  such  time  or  times  as  the  council  may  de¬ 
termine,  and  such  certificates  may  be  drawn  to  bear  interest  at 
a  rate  not  exceeding’  seven  per  centum  per  annum,  and  when  so 
drawn  and  signed  by  the  mayor  and  clerk,  interest  shall  be  p^aid 
thereon  as  therein  expressed. 

WHEN  ACTION  MAINTAINED. 

Section  25.  o  action  shall  be  maintained  by  any  person 
against  the  city  of  Madison  upon  any  claim  or  demand  until 
such  person  shall  first  have  presented  his  claim  or  demand  to 
the  common  council  for  allowance. 

DISALLOWANCE  OF  ACCOUNT  TO  BE  FINAL. 

Section  26.  The  determination  of  the  common  council  dis¬ 
allowing  in  whole  or  in  part  any  claim  of  any  person  shall  be 
final  and  conclusive  and  a  perpetual  bar  to  any  action  in  any 
court  founded  on  such  claim,  except  that  such  person  may  ap¬ 
peal  to  the  circuit  court,  as  provided  in  section  twenty-eight  of 
this  chapter. 

Section  27.  In  case  any  person  shall  present  his  claim  or 
demand  to  the  common  council,  and  the  said  common  council 
shall  disallow  the  said  claim  in  whole  or  in  part,  the  said  coun¬ 
cil  shall  not  thereafter  entertain  such  claim  again,  and  such 
claimant,  if  he  desires,  may  prosecute  his  said  claim  by  appeal 
to  the  circuit  court,  and  not  otherwise. 

CLAIMANT  MAY  APPEAL  TO  CIRCUIT  COURT. 

Section  28.  When  any  claim  of  any  person  against  the  city 
shall  be  disallowed  in  whole  or  in  part  by  the  common  council, 
such  person  may  appeal  from  the  decision  of  the  council  dis¬ 
allowing  such  claim  to  the  circuit  court  of  the  county  of  Dane 
by  causing  a  written  notice  of  such  appeal  to  be  served  on  the 
clerk  of  said  city  within  twenty  days  after  the  making  of  such 
decision,  and  executing  a  bond  to  the  said  city  with  sufficient 
7 


98 


MADISON  CITY  CHARTER. 


surety,  to  be  approved  by  the  said  clerk,  conditioned  for  the 
faithful  prosecution  of  such  appeal  and  the  payment  of  all  costs 
that  shall  be  adjudged  against  the  appellant  by  the  court.  The 
clerk,  in  case,  such  appeal  is  taken,  shall  make  a  brief  state¬ 
ment  of  the  proceedings  had  in  the  case  before  the  council,  with 
its  decision  thereon,  and  shall  transmit  the  same,  together  with 
the  bond  and  all  the  papers  in  the  case,  to  the  clerk  of  the  cir¬ 
cuit  court  of  Dane  county. 

NOTICE  OF  APPEAR. 

Section  29.  The  clerk,  upon  such  appeal  being  taken,  shall 
forthwith  give  notice  thereof  to  the  mayor,  and  shall  also  report 
the  same  to  the  council  at  its  first  meeting  thereafter. 


CHAPTER.  VIII. 

FIRE  DEPARTMENT - FIRE  LIMITS. 

Section  1.  The  common  council,  for  the  purpose  of  guard¬ 
ing  against  the  calamity  of  fire,  shall  have  the  power  to  prescribe 
the  limits  within  which  wooden  buildings,  or  buildings  of  other 
materials  that  shall  not  be  considered  fire  proof  shall  not  be 
erected  or  repaired,  and  to  direct  that  all  and  any  buildings 
within  the  limits  prescribed  shall  be  made  and  constructed  of 
fire-proof  materials,  and  to  prohibit  the  repairing  of  wooden 
buildings  within  the  fire  limits,  when  the  same  shall  have  been 
damaged  to  the  extent  of  fifty  per  cent,  of  the  value  thereof,  and 
to  prescribe  the  manner  of  ascertaining  such  damages. 

MAY  REGULATE  BUILDING  OF  CHIMNEYS,  ETC. 

Section  2.  The  common  council  shall  have  power  to  reg¬ 
ulate  the  building,  construction  and  condition  of  chimneys, 
fire-places,  hearths,  stoves,  stove-pipes,  ovens,  boilers  and  ap- 


99 


MADISON  CITY  CHARTER. 


paratus  used  in  or  about  any  building,  and  to  cause  the  same 
to  be  removed  or  placed  in  a  safe  and  secure  condition,  when 
considered  dangerous ;  to  prevent  the  deposit  of  ashes  in  unsafe 
places  ;  to  require  the  inhabitants  to  provide  as  many  fire- 
buckets,  and  in  such  manner  and  times  as  it  shall  prescribe, 
and  to  regulate  the  use  of  them  in  time  of  fire ;  and  to  regulate 
and  to  prevent  the  carrying  on  of  any  manufactories  dangerous 
in  causing  and  promoting  fires ;  to  compel  the  owners  and  occu¬ 
pants  of  buildings  to  have  scuttles  in  the  roof,  and  stairs  and 
ladders  leading  to  the  same;  to  authorize  the  mayor,  aldermen, 
fire-wardens  and  other  officers  of  the  city  to  keep  away  from  the 
vicinity  of  a  fire  all  idle  and  suspected  persons  and  to  compel 
by-standers  to  aid  in  the  extinguishment  of  fires  and  in  the  pres¬ 
ervation  of  property  exposed  to  danger  thereat,  and  generally  to 
establish  such  regulations  for  the  prevention  and  extinguishment 
of  fires  as  the  common  council  may  deem  expedient. 

ENGINES - EIRE  COMPANIES. 

Section  3.  The  common  council  shall  have  power  to  pur¬ 
chase  fire  engines  and  other  fire  apparatus,  and  to  authorize  the 
formation  of  fire  engine,  hook  and  ladder  and  hose  companies, 
and  to  provide  for  the  due  and  proper  support  and  regulation 
of  the  same,  and  to  order  such  companies  to  be  disbanded,  and 
their  meetings  to  be  prohibited,  and  their  apparatus  to  be  deliv¬ 
ered  up ;  and  such  apparatus  may  be  sold  if  the  common  council 
so  direct,  and  the  proceeds  of  such  sale  shall  be  paid  into  the 
city  treasury.  Each  company  shall  consist  of  such  number  of 
able  bodied  men  as  the  common  council  may  by  ordinance  pre¬ 
scribe,  between  the  ages  of  fifteen  and  fifty,  and  may  elect  its 
own  officers  and  form  its  own  by-laws,  not;  inconsistent  with  the 
laws  of  this  state  or  the  ordinances  and  regulations  of  said  city, 
and  shall  be  formed  onlv  bv  voluntary  enlistment.  Every  mem- 
her  of  each  company  hereby  authorized  to  be  formed  shall  be 
exempt  from  highway  work,  poll  tax,  from  serving  on  juries, 
and  from  military  duty,  during  the  continuance  of  such  mem- 
her  ship. 


100 


MADISON  CITY  CHARTER. 


ENGINEERS. 

Section  4.  (As  amended  by  section  11,  of  chapter  195, 
Laws  of  1885.)  The  common  council,  at  its,  regular  meeting 
in  March  in  each  year,  shall  elect  one  chief  engineer  and  one 
assistant  engineer  of  the  fire  department,  who  shall  perform 
such  duties  as  the  common  council  shall  prescribe,  and  who  may 
at  any  time  enter  into  or  open  any  house,  store-house  or  other 
building  or  enclosure,  for  the  purpose  of  inspecting  the  same 
and  with  a  view  to  guard  against  fire.* 

* 

ARREST  FOR  DISOBEDIENCE  OF  ORDERS. 

Section  5.  (As  amended  by  section  12,  of  chapter  195, 
Laws  of  1885.)  When  any  person  shall  refuse  to  obey  any 
lawful  order  of  any  engineer,  mayor  or  alderman  at  any  fire, 
it  shall  be  lawful  for  the  officer  giving  such  order  to  arrest  or 
direct  orally  the  chief  of  police,  policeman,  watchman,  or  any 
citizen,  to  arrest  such  person,  and  to  confine  him  temporarily  in 
any  safe  place,  until  such  fire  shall  be  extinguished ;  and  in  the 
same  manner  such  officers,  or  any  of  them,  may  arrest  or  direct 
the  arrest  and  confinement  of  every  person  at  such  fire  who 
shall  be  intoxicated  or  disorderly ;  and  any  person  who  shall 
refuse  to  obev  any  such  lawful  order,  or  shall  refuse  to  arrest 
or  aid  in  arresting  any  person  so  refusing,  shall  be  liable  to 
such  penalty  as  the  common  council  may  prescribe  not  exceeding 
fifteen  dollars. 


SACK  COMPANY  IIOW  ORGANIZED. 

Section  G.  The  common  council  shall  have  power  to  organ¬ 
ize  a  sack  company,  which  shall  be  known  as  sack  company 
number  one,  to  consist  of  not  more  than  twenty  members.  Such 
company  shall  constitute  a  part  of  the  fire  department,  and  at 
fires  shall  be  subject  to  the  control  of  the  chief  engineer.  The 
members  of  said  company,  either  collectively  or  individually, 

*See  secs.  959—40  to  959—46,  inclusive,  R.  S.  of  1898,  relating  to 
police  and  fire  commission. 


MADISON  CITY  CHAETEE. 


101 


are  hereby  authorized  and  empowered  to  act  as  a  special  police 
in  and  for  the  city  of  Madison,  and  are  hereby  vested  with  all 
the  power  and  authority  which  now  is  or  may  be  hereafter  vested 
in  any  police  officer  of  said  city,  and  shall  be  entitled  to'  all  the 
rights  and  immunities  of  members  of  the  fire  department.  At 
fires  they  shall  take  charge  of  all  property  which  may  be  ex¬ 
posed  or  endangered,  and  shall,  so  far  as  may  be  in  their  power, 
preserve  the  same  from  injury  or  destruction.  Said  company 
may  from  time  to  time  adopt  such  by-laws  and  regulations  as  it 
may  seem  necessary,  not  inconsistent  with  this  act  and  the  laws 
of  this  state.  The  members  of  said  company  shall  not  be  en¬ 
titled  to  any  pay  or  compensation  for  services  rendered  in  their 
official  capacity.  They  shall,  in  case  of  riot  or  disturbance  of 
the  peace,  have  free  access  to  all  licensed  places  of  amusement  in 
the  city,  and  shall  perform  such  services  as  may  be  necessary 
for  the  peace  and  good  order  of  the  same.  The  members  of 
said  company  shall  severally  take  an  oath  or  affirmation  that 
they  will  faithfully  perform  the  duties  of  their  said  office;  and 
when  any  member  of  said  company  shall  cease  to  be  a  member 
thereof,  notice  shall  be  given  to  the  city  clerk,  who  shall  pre¬ 
serve  a  record  of  all  the  members  of  said  company. 


CHAPTER  IX. 


WATER  WORKS. 

Section  1.  The  common  council  is  herebv  authorized  and 

*/ 

empowered  to  construct,  maintain  and  operate  a  system  of  water 
works  for  fire  protection  and  for  the  supply  of  pure  and  whole¬ 
some  water  for  public  and  private  use  in  said  city ;  for  that 
purpose  it  may  acquire  such  real  estate  for  the  erection  of 
buildings,  for  sinking  wells  or  building  reservoirs  and  for  laying 
mains  and  pipes  as  it  may  deem  necessary  and  proper.  It  may 
also  provide  for  the  erection  of  such  buildings,  the  purchase 
of  all  necessary  engines,  pumps  and  machinery,  and  for  the 


102 


MADISON  CITY  CHARTER. 


purchase:  and  laying  of  pipes  and  for  the  supply  of  such  other 
apparatus  and  fixtures  as  shall  he  required  to  construct,  main¬ 
tain  and  operate  such  water  works  on  the  most  approved  methods 
and  in  the  most  efficient  manner ;  provided,  that  if  it  be  found 
practicable  said  water  shall  be  supplied  by  direct  pressure,  and 
from  artesian  wells. 

Section  2.  The  said  council  shall  have  power  to  lay  water 
mains  and  pipes  in  and  through  all  the  public  grounds,  streets 
and  alleys  of  said  city;  to  construct  jets  and  hydrants  for  public 
use,  and  fountains  at  such  places  in  said  city  as  it  shall  deem 
proper.  And  said  council,  its  officers,  agents  and  servants,  are: 
authorized  to  enter  upon  any  land  or  water,  within  the  limits 
of  said  city  for  the  purpose  of  making  examinations  or  surveys 
in  the  performance  of  their  duties  under  this  chapter;  and 
generally  to  acquire  all  real  and  personal  property,  and  make 
all  contracts,  and  to  perform  all  work  that  may  be  deemed 
necessary  and  proper  from  time  to  time  in  the  construction  and 
operation  of  the  water  works  provided  for  in  this  chapter. 

Section  3.  Whenever  any  real  estate  or  any  easement 
therein  or  use  thereof,  shall,  in  the  judgment  of  said  council, 
be  necessary  for  the  construction  and  operation  of  said  works, 
and  for  any  cause  an  agreement  for  the  purchase  thereof  cannot 
be  made  with  the  owner  of  the  same,  the  said  council  shall 
thereupon  proceed  to  take  such  real  estate,  easement  or  use  as 
provided  in  chapter  5  of  this  act  for  taking  lands  for  public 
squares,  grounds,  streets  °ud  alleys,  except  that  no  petition 
shall  be  necessary  therefor,  and  that  no  part  of  the  costs  and 
expenses  incurred  in  taking  and  paying  for  such  property  shall 
be  assessed  against  the  owners  of  property  who  may  be  bene¬ 
fited  thereby  unless  the  common  council  shall  so  expressly  de¬ 
termine  and  direct;  but  all  the  other  provisions  of  said  chapter 
five  shall  apply  to  the  taking  of  such  real  estate,  easement  or 
use,  for  the  construction  of  such  works  as  far  as  the  same  may 
be  applicable. 

Section  4.  There  is  hereby  created  for  the  said  city  a 
separate  fund,  to  be  called  the  water  fund ;  there  shall  belong 
to  such  fund  all  bonds  and  proceeds  thereof,  authorized  to  be 
issued  for  the  construction  of  water  works,  the  proceeds  of  all 


MADISON  CITY  CHARTER. 


103 


taxes  levied  for  the  construction  and  operation  of  said  water 
works,  all  water  rates  assessed  and  collected  for  water,  preced¬ 
ing  from  such  water  works  and  all  other  moneys  and  property 
in  any  way  derived  by  the  said  city  in  aid  of  said  water  works, 
or  appropriated  by  the  said  common  council  to  the  same.  And 
all  money  in  the  sinking  fund  of  said  city  at  the  time  of  the 
passage  of  this  act,  held  for  the  payment  of  principal  and  inter¬ 
est  of  the  bonded  indebtedness  of  said  city,  shall  be  transferred 
from  said  sinking  fund  to  said  water  fund,  whenever  provision 
shall  have  been  made  for  refunding  such  indebtedness.  Said 
water  fund  is  hereby  exclusively  devoted  and  appropriated  to 
the  construction,  maintenance  and  operation  of  said  water  works 
for  the  ensuing  five  years,  or  until  said  works  shall  have  been 
wholly  completed  as  nearly  as  practicable  in  accordance  with 
the  general  plan  mapped  out  by  the  city  surveyor,  approved  by 
the  council,  and  on  file  in  the  office  of  the  city  clerk ;  but  if  dur¬ 
ing  that  period  the  amount  provided  and  set  apart  by  section  6 
of  chapter  7  of  the  charter  for  the  payment  of  the  principal  and 
interest  of  the  bonded  indebtedness  of  said  city,  including  the 
bonds  issued  for  water  works,  shall  not  be  sufficient,  for  the  pay¬ 
ment  of  such  interest  when  the  same  shall  accrue,  there  is  hereby 
appropriated  from  said  water  fund  a.  sufficient  sum  to  supply 
such  deficiency,  and  the  city  treasurer  is  hereby  required  to  trans¬ 
fer  from  said  water  fund  to  said  sinking  fund  a  sufficient  sum 
of  money  to  pay  such  deficiency  for  any  year  when  the  same 
may  exist.  On  the  expiration  of  said  five  years  or  on  the  com¬ 
pletion  of  said  water  works  there  shall  be  transferred  annually 
thereafter  from  said  water  fund  to  the  sinking  fund  of  said  city 
for  the  payment  of  the  principal  of  the  bonded  indebtedness  of 
said  city,  including  the  bonds  issued  for  water  works,  the  sum 
of  five  thousand  dollars  until  said  bonded  indebtedness  shall  be 
wholly  paid  and  discharged.  Said  water  fund  shall  be  kept  in 
the  city  treasury  in  the  custody  of  the  city  treasurer,  and  shall 
be  disbursed  by  him  on  vouchers  drawn  upon  the  same  in  the 
manner  provided  in  this  act ;  and  said  city  treasurer  and  the 
sureties  on  his  official  bond  shall  be  liable  for  the  safe  keeping 
and  disbursement  thereof.  And  it  shall  be  the  duty  of  said 
treasurer  to  report  to  the  common  council  quarterly  the  amounts 
of  receipts  and  disbursements  of  the  preceding  quarter  with  a 


104 


MADISON  CITY  CHARTER. 


detailed  statement  of  the  same;  which  report  after  being  sub¬ 
mitted  to  the  common  council  shall  be  filed  in  the  office  of  the 
city  clerk. 

Section  5.  It  shall  be  the  duty  of  the  clerk  of  said  city  to 
keep  separate  accounts  of  all  the  funds,  receipts  and  payments  on 
account  of  said  water  works,  and  a  separate  record  of  all  the  con¬ 
tracts  made  by  the  common  council  touching  said  water  works, 
and  of  the  estimates  of  the  cost  of  such  contracts,  and  of  all  work 
done  and  all  money  paid  out  on  account  of  such  water  works,  and 
generally  to  keep  separate  books  for  said  water  fund,  and  water 
works,  as  he  is  or  may  be  required  by  law  or  by  the  ordinances 
of  said  city  to  keep  of  other  property,  funds  and  interest  of  said 
city. 

Section  6.  The  said  water  works  and  all  the  grounds,  build¬ 
ings,  fixtures,  machinery  and  other  things  appertaining  thereto 
shall  be  under  the  control  of  the  common  council.  Upon  the 
completion  of  said  works  or  as  soon  as  deemed  necessary  the  com¬ 
mon  council  shall  elect  a  superintendent  who  shall  hold  his  office 
for  the  term  of  one  vear,  or  until  his  successor  is  elected  and 
qualified ;  and  the  council  shall  make  further  provisions  by  ordi¬ 
nance  for  the  employment  of  such  other  assistants,  agents  and 
servants  as  may  be  necessary  and  proper  for  the  successful  opera¬ 
tion  and  management  of  said  works,  and  fix  the  salary  or  com- 
pensation  of  said  superintendent  and  other  employes. 

Section  Y.  The  common  council  shall  have  power  to  make 
and  enforce  by-laws,  rules  and  regulations  in  relation  to  said 
water  works ;  and  before  the  actual  introduction  of  water,  the 
council  shall  make  by-laws,  rules  and  regulations  for  the  supply 
of  water,  fixing  uniform  water  rates  to  be  paid  for  the  use  of 
water  furnished  by  the  said  water  works,  and  regulating  the 
manner  of  distributing  and  supplying  water  for  use  or  con¬ 
sumption,  and  for  withholding  or  shutting  off  the  same  for  cause, 
and  shall  have  power  from  time  to  time  to  alter,  modify  or  re¬ 
peal  such  by-laws,  rules  and  regulations.  All  rates  and  charges 
for  the  use  of  water  shall  be  payable  in  advance  in  such  manner 
as  the  common  council  shall  prescribe. 

Section  8.  Any  person  who  shall  wilfully  or  maliciously 
injure  or  destroy  any  portion  of  the  works,  fixtures  or  other 
property  belonging  or  appertaining  to  said  water  works,  or  who 


MADISON  CITY  CHARTER. 


105 


shall  wilfully  pollute  or  otherwise  injure  any  water  supplied  by 
said  water  works,  or  who  shall  wrongfully  interfere  with  or 
open  any  hydrants  or  waste  any  water  therefrom,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished*  by  a  fine  not  exceeding  one  hundred  dollars,  or  im¬ 
prisonment  in  the  county  jail  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Section  9.  (As  amended  by  section  13  of  chapter  195,  Laws 
of  1885.)  It  shall  be  the  duty  of  the  common  council,  and  it 
is  hereby  empowered,  from  time  to  time,  to  pass  such  ordinances 
as  may  be  deemed  necessary  and  expedient  for  the  management 
and  protection  of  said  water  works,  and  regulating  and  con¬ 
trolling  the  supply  and  use  of  water  therefrom  ;  and  the  common 
council  is  hereby  empowered,  when  it  shall  deem  it  for  the  best 
interests  of  the  city,  to  appoint  a  board  of  three  water  com¬ 
missioners,  in  addition  to  the  mayor,  who  shall  be  a  member  of 
said  board  ex  officio,  and  one  alderman,  to  be  elected  by  the 
common  council  annually,  at  its  first  regular  meeting,  to  take  the 
entire  charge  and  management  of  said  water  works,  to  appoint  a 
superintendent  and  other  employes,  and  fix  their  compensation, 
and  to  supervise  and  control  the  supply  and  distribution  of 
water  throughout  the  city,  and  generally  to  discharge  the  duties 
imposed  upon  the  common  council  by  this  chapter,  under  the 
general  control  and  supervision  of  said  council ;  but  such  com¬ 
missioners  shall  receive  no  compensation  for  their  services ;  pro¬ 
vided,  that  nothing  herein  contained  shall  be  construed  as  au¬ 
thorizing  said  common  council  to  enter  into  any  arrangement 
with  any  person  or  persons,  or  private  corporation,  for  the 
erection  or  control  of  such  water- works  for  the  supply  of  water 
for  said  city  of  Madison. 

Section  10.  The  common  council  may  advertise  for  pro¬ 
posals  for  furnishing  materials  and  constructing  said  water 
works,  receiving  separate  proposals  for  such  parts  thereof  as 
shall  he  deemed  advisable,  and  may  accept  such  proposals  as 
shall  appear  to  he  most  advantageous  and  best  for  the  city,  tak¬ 
ing  into  account  the  capacity  of  pumping  engines  and  machinery, 
to  perform  the  greatest  amount  of  service  with  a  given  quantity 
of  fuel,  and  require  security  that  the  pumping  engines  and 
machinery  shall  perform  the  service  represented  for  at  least  one 
year,  and  the  city  reserves  the  right  to  reject  any  or  all  bids. 


106 


MADISON  CITY  CHARTER. 


CHAPTER  X  * 


ON  SEWERAGE. 

Section  1.  It  shall  be  lawful  for  the  common  council  to 
cause  sewers  and  drains  to  be  made  in  any  part  of  the  city,  and 
to  order  and  direct  the  construction  of  either  of  the  same,  and 
to  alter,  repair  or  mend  any  sewer  or  drain  heretofore  or  here¬ 
after  constructed  within  said  city,  and  in  the  manner  herein¬ 
after  provided,  to  cause  to  be  made  estimates  of  the  cost  and  ex¬ 
pense  thereof,  and  a  just  and  equitable  assessment  of  such  costs 
and  expense  among  the  owners  of  all  the  buildings,  houses  and 
lots  intended  to  be  benefited  thereby  in  proportion,  all  things  con¬ 
sidered,  as  nearly  as  may  be,  to  the  advantage  which  each  shall 
be  deemed  to  acquire  thereby.  One-half  of  such  costs  and  ex¬ 
pense  to  be  so  assessed  on  the  basis  of  the  full  area  of  the  lots  or 
x pieces  of  land  to  he  benefited,  excepting  as  hereinafter  provided. 

Section  2.  Whenever  the  common  council  shall  deem  it 
necessary  for  the  public  health  to  cause  to  be  constructed  sewers 
or  drains  in  any  portion  of  the  city,  they  shall  make  an  order  to 
that  effect,  which  shall  be  entered  in  their  minutes,  specifying 
with  reasonably  particularity  the  specific  portions  to  be  sewered 
or  drained ;  which  order  shall  be  published  in  the  official  paper 
of  the  city,  daily  for  seven  successive  publications  of  the  paper, 
and  all  parties  interested,  who  shall  appear,  shall  have  a  hearing 
before  the  common  council  at  such  time  as  shall  be  appointed  in 
said  notice. 

Section  3.  If,  after  such  hearing  the  common  council  shall 
determine  to  proceed  therein,  it  shall  thereupon  direct  the  city 
surveyor  or  engineer  or  other  competent  engineer,  to  make  or 
cause  to  be  made  the  necessary  surveys,  plan  and  specifications 
of  the  work  so  ordered,  which  work  he  shall  make  conformable, 

^Section  14  of  chapter  195,  Laws  of  1885,  amending  chapter  36  of 
the  Laws  of  1882,  by  inserting  the  sections  contained  in  said  section 
14,  as  chapter  X,  and  by  numbering  chapters  X  and  XI  as  chapters  XI 
and  XII,  respectively. 


MADISON  CITY  CHARTER. 


107 


as  near  as  practicable,  to  a  general  system  of  sewerage  for  the 
city  and  into  which  when  so  requested  by  the  owners  and  so  di¬ 
rected  by  the  council,  he  shall  incorporate  as  a  part,  thereof  any 
existing  sewer  or  drain,  so  far  as  the  same  is  or  judiciously  can 
be  made  applicable  thereto.  Such  surveys,  plans  and  specifi¬ 
cations  shall  include  the  entire  district  or  tract  of  country 
designated  in  the  order  of  the  common  council,  and  such  other 
property,  if  any,  as  shall  by  him  be  deemed  to  be  benefited 
thereby,  and  such  plan  shall  show  the  location,  size,  direction  and 
grade  of  such  sewers  or  drains,  with  the  location  and  size  of 
openings  and  all  other  matters  essential  to  the  construction  of 
proper  sewers  or  drains,  together  with  the  boundary  lines  of 
such  district,  so  modified  and  the  number  of  each  lot  or  piece  of 
real  estate  therein,  and  as  far  as  can  be  ascertained,  the  names  of 
the  owners  thereof,  respectively,  which  plan  and  specification 
shall  be  drawn  with  such  particularity  and  certainty  as  to  form  a 
correct  and  intelligent  basis  for  estimates  of  costs  for  the  work 
so  ordered  and  for  the  assessment  hereinafter  provided  for. 

Section  4.  Such  plan  and  specifications  shall  be  filed  by 
such  surveyor  or  engineer  in  the  office  of  the  city  clerk,  and 
notice  of  such  filing  shall  forthwith  be  given  by  such  clerk  in  the 
official  paper  of  the  city  and  be  published  daily  for  seven  suc¬ 
cessive  publications  of  such  paper.  After  such  filing  and  notice, 
the  common  council  may,  after  hearing  all  persons  interested 
who  may  appear  before  them,  adopt  or  reject  such  plan  and 
specifications  ;  and  in  case  the  same  shall  be  adopted,  the  com¬ 
mon  council  shall  thereupon  advertise  in  the  official  paper  of  the 
city  for  proposals  for  doing  the  aforesaid  work,  daily,  for  seven 
successive  publications  of  such  paper,  which  proposals  shall  be 
opened  by  the  common  council  at  their  next,  regular  meeting  after 
such  advertisement,  or  at  a  special  meeting  to  be  called  therefor, 
and  in  case  it  shall  then  be  finally  determined  that  the  work  of 
any  part  thereof  shall  be  made,  the  common  council  may  author¬ 
ize  the  letting  of  such  work  by  contract  to  the  lowest  bidder,  at 
the  expense  of  the  buildings,  houses  and  lots  to  be  benefited  as 
aforesaid,  all  bids  for  doing  the  same  to  be  approved  by  the 
council,  and  the  said  council  shall  have  the  power  to  reject 
any  or  all  bids,  and  may  require  such  contractors  to  perform  such 
contracts  within  such  time  and  under  such  conditions,  and  to 


108 


MADISON  CITY  CHARTER. 


give  such  security  for  the  performance  of  such  work  as  it  shall 
direct;  such  contracts,  when  approved  by  the  council,  to  he 
executed  by  the  mayor  and  countersigned  by  the  city  clerk.  The 
work  shall  all  be  done  under  the  direction  and  supervision  of  the 
engineer  aforesaid. 

Section  5.  Thereupon  an  estimate  of  the  entire  cost  and 
expense  of  the  work,  including  the  contract  price,  titles  to  or 
easements  in  lands  necessary  for  the  purposes  of  such  improve¬ 
ment,  and  the  cost  and  expenses  of  the  proceedings  necessary  to 
the  laying  out  of  such  sewer  or  drain  shall  forthwith  be  made; 
and  forthwith  such  estimated  cost  and  expenses  shall  be  as¬ 
sessed,  justly  and  equitably,  upon  the  buildings,  houses  and  lots 
intended  to  be  benefited  thereby,  appearing  in  said  plan  as 
finally  perfected,  in  proportion,  all  things  considered,  as  nearly 
as  may  be,  to  the  advantage  which  each  shall  be  deemed  to  ac¬ 
quire  ;  one-half  of  such  cost  and  expense,  however,  is  to  be  so  as¬ 
sessed  on  the  basis  of  the  full  area  of  the  lots  or  pieces  of  land 
to  benefited,  excepting  that  where  existing  sewers  are  utilized, 
such  assessments  shall  be  made  just  and  equitable,  all  things 
considered.  Should  the  amount  so  assessed  prove  to  be  more 
than  sufficient,  the  excess  shall  be  applied  to  the  payment  of  the 
the  taxes  (assessed  against  such  buildings,  houses  and  lots,  or 
pieces  of  land  ratably)  falling  due  next  after  such  excess  shall 
have  been  ascertained.  If  the  estimated  sum  shall  prove  insuffi¬ 
cient,  the  deficiency,  when  ascertained,  shall  be  re-assessed  upon 
the  buildings,  houses  and  lots,  or  pieces  of  land  of  such  district 
ratably,  as  aforesaid.  Such  estimate  and  assessment  shall  be 
certified  in  writing,  and  being  confirmed  as  hereinafter  provided, 
shall  be  binding  and  conclusive  upon  the  owners  of  such  build¬ 
ings,  houses  and  lots,  or  pieces  of  land,  so  to  be  assessed,  re¬ 
spectively  and  shall  be  a  lien  or  charge  upon  such  buildings, 
houses  and  lots  or  pieces  of  land,  as  aforesaid,  and  the  sum  so 
assessed  when  paid,  shall  be  applied  to  the  payment  of  the  cost 
and  expense  as  aforesaid,  and  in  case  of  re-assessment  for  de¬ 
ficiency,  the  same  shall  in  like  manner  be  certified,  and  when  con¬ 
firmed,  shall  be  binding,  and  conclusive  upon  the  owners  of  such 
property,  so  to  be  assessed,  and  shall  be  a  like  lien  and  charge 
on  such  property,  and  the  sum  so  assessed  when  paid,  shall  be 
applied  in  the  same  manner.  The  contractors  for  the  construe- 


MADISON  CITY  CHARTER. 


109 


tion  of  sewers  aforesaid,  shall  receive  in  payment  for  the  work 
done  by  them,  the  price  agreed  to  be  paid  therefor,  exclusively 
from  said  assessments  and  re-assessments  so  to  be  made,  when 
collected.  The  city  treasurer,  unless  other  appointment  be  made 
by  the  council,  shall  be  the  person  to  receive  such  assessments. 

Section  6.  The  city  surveyor  or  engineer,  the  city  assessor, 
and  three  skillful  and  competent  disinterested  freeholders  of  said 
city  to  be  nominated  by  the  mayor  and  confirmed  by  the  council, 
shall  constitute  a  board  to  be  known  as  the  “board  of  assessors” 
and  who  shall  be  charged  with  the  duty  of  making  the  estimates, 
assessments  and  re-assessments  required  by  this  act  for  the  con¬ 
struction  of  sewers  or  drains,  or  amending,  repairing,  or  altering 
the  same.  Whenever  the  construction  of  a  sewer  or  drain  shall 
be  determined  upon  by  the  council,  it  shall  be  the  duty  of  the 
mayor  to  nominate  suitable  persons  to  the  council  for  confirma¬ 
tion  as  assessors.  The  assessors  so  nominated  and  confirmed  to 
be  designated  for  their  respective  terms,  shall  hold  their  offices 
one  for  the  term  of  one  year,  one  for  the  term  of  two  years,  and 
one  for  the  term  of  three  years,  each  from  the  first  Saturday  of 
October  of  the  year  in  which  they  are  appointed,  and  until  their 
respective  successors  are  appointed.  It  shall  be  the  duty  of  the 
mayor  on  the  termination  of  the  terms  of  offices  of  the  respective 
assessors  aforesaid  to  nominate  to  the  council  for  confirmation 
their  successors  to  hold  for  the  term  of  three  years  thereafter, 
and  until  their  successors  be  appointed.  In  case  any  member 
of  the  said  board  of  assessors  shall  be  interested  in  any  property 
to  be  affected  by  any  proceeding  under  this  chapter,  he  shall 
thereby  be  disqualified  from  serving  upon  such  board  in  such 
particular  proceeding.  In  such  case  other  persons  in  like  man¬ 
ner  shall  be  nominated  and  confirmed  to  act  temporarily  in  such 
proceeding.  In  case  any  of  the  permanent  members  of  said 
board  shall  refuse  to  serve,  or  be  removed  by  the  common  coun¬ 
cil  for  any  cause  deemed  bv  them  sufficient,  then  other  such  dis- 
interested  freeholders,  to  fill  the  vacancies  so  occasioned,  shall 
be  nominated  by  the  mayor  and  confirmed  by  the  common  coun¬ 
cil.  The  said  persons  constituting  the  said  board  of  assessors, 
before  entering  upon  the  performance  of  the  duties  of  their  ap¬ 
pointment  in  each  of  the  proceedings  under  this  chapter,  shall 

severallv  take  and  subscribe  an  oath  or  affirmation  before  the 
* 


110 


MADISON  CITY  CHARTER. 


city  clerk,  or  some  other  person  authorized  by  law  to  administer 
oaths,  that  they  are  not  interested  in  any  property  to  be  affected 
by  such  proceeding,  and  that  they  will  faithfully  perform  the 
trust  and  duties  required  of  them  by  law,  which  oath  or  affirma¬ 
tion  shall  be  filed  in  the  office  of  the  city  clerk. 

Section  7.  It  shall,  and  may  be  lawful  for  the  common 
council,  in  all  cases  where  they  may  deem  it  necessary  for  the 
more  speedy  execution  of,  with  reference  to  sewers  or  drains, 
or  any  of  them,  which  the  said  council  are  authorized  to  make, 
to  cause  all  such  work  as  may  be  necessary  for  the  purposes  spe¬ 
cified  in  this  chapter,  or  any  part  thereof,  to  be  executed  and 
done  at  the  city’s  expense,  on  account  of  the  property  re¬ 
spectively,  upon  which  the  same  may  be  assessed.  The  amount 
of  every  such  expense  which  the  common  council  shall  pay,  as 
aforesaid,  on  account  of  others,  shall  be  a  lien  like  other  taxes 
upon  the  buildings,  houses  and  lots  in  respect  to  which  such  as¬ 
sessments  as  aforesaid  shall  have  been  made,  and  shall  bear  law¬ 
ful  interest  until  paid,  and  the  same  may  be  recovered,  or  the 
payment  thereof,  with  costs  enforced  like  other  taxes,  upon  the 
said  building's,  houses  and  lots,  which  may  be  sold  for  any  such 
assessment  thereon.  Any  person  may  pay  to  the  city  treasurer, 
such  sum  as  may  be  assessed  against  any  property  under  and  by 
virtue  of  this  chapter  and  receive  a  receipt  therefor,  and  such  a 
receipt  shall  operate  as  a  discharge  of  any  and  all  liens  existing 
against  such  property  or  any  part  thereof  in  consequence  of  such 
assessment. 

Section  8.  The  said  board  of  assessors  after  completing 
their  said  estimate  and  assessment,  shall  deposit  with  the  clerk 
of  said  city  an  abstract  of  their  estimate  and  assessment,  or  a 
copy  of  their  full  report,  at  least  twenty  days  before  such  report 
shall  be  presented  to  the  common  council  for  confirmation,  which 
abstract  shall  he  accompanied  by  a  copy  of  the  diagram  referred 
to  by  said  assessors  in  their  report,  and  in  which  diagram  and 
report  they  may  refer  to  the  lots  thereon  and  thereby  indicated 
by  their  numbers,  and  state  the  several  sums  respectively  esti¬ 
mated  for,  or  assessed  upon  each  of  said  lots  or  parcels  of  land, 
with  the  name  or  names  of  the  owners  of  each  so  far  as  ascer¬ 
tained  bv  said  assessors.  Upon  depositing  their  abstract  of 
estimate  and  assessment  or  copy  of  report  as  aforesaid  the  said 


MADISON  CITY  CHARTER. 


Ill 


board  of  assessors  shall  cause  to  be  published  daily  in  the  official 
paper  of  said  city  for  seven  successive  publications  a  notice 
stating  that  such  abstract  or  copy  of  report  has  been  so  deposited 
with  the  city  clerk,  and  their  intention  to  present  their  report 
for  confirmation  to  the  council  at  a  time  and  place  to  be  specified 
in  said  notice,  and  that  all  persons  interested  in  such  proceed¬ 
ings,  or  in  any  of  the  lots  or  lands  affected  thereby,  having  ob¬ 
jections  thereto,  shall  file  the  same  in  writing  with  the  said 
assessors  within  twelve  days  after  the  first  publication  of  said 
notice,  and  that  the  said  assessors  will  hear  such  objections  within 
the  five  days  next  after  the  expiration  of  said  twelve  days  speci¬ 
fying  therein  the  place,  day,  and  hour  of  such  hearing. 

Section  9.  Any  person  or  persons  whose  rights  may  be  af¬ 
fected  by  the  said  estimate  and  assessment,  and  who  shall  object 
to  the  same  or  any  part  thereof,  may,  within  twelve  days  after 
the  first  publication  of  said  notice,  state  his,  her  or  their  ob¬ 
jections,  so  made,  in  writing  to  the  said  assessors,  which  state¬ 
ment  shall  not  be  received  by  the  assessors  unless  verified  bv  his, 
her  or  their  affidavit,  or  the  affidavit  of  other  persons,  or  both, 
and  it  shall  be  the  duty  of  said  assessors  in  all  cases  to  transmit 
to  the  common  council,  together  with  their  said  report,  all  the 
written  statements  and  affidavits  which  may  have  been  served 
upon  them  within  the  time  aforesaid.  After  considering  said 
objections,  if  any,  and  making  any  correction  or  alteration  of 
their  estimate  or  assessment,  which  said  assessor  shall  find  to  be 
just  and  proper,  they  shall  prepare  duplicate  copies  thereof,  one 
of  which  shall  be  deposited  with  the  clerk  of  said  city  at  least 
three  days  before  the  time  specified  in  said  notice  for  presenting 
the  report  to  the  common  council  for  confirmation,  and  shall  be 
open  to  the  inspection  of  all  persons  interested  therein  free  of 
charge,  and  the  other  of  which  shall  be  presented  by  the  said 
assessors  to  the  common  council  at  the  time  and  place  specified 
in  said  notice. 

Section  10.  The  said  report  shall  consist  of  said  diagram 
duly  corrected,  when  necessary,  with  a  tabular  abstract  of  said 
estimate  and  assessment,  with  any  corrections  or  alterations 
thereof  by  said  assessor,  and  shall  refer  to  the  numbers  of  lots 
and  parcels  as  indicated  by  said  diagram,  and  state  the  several 
sums  respectively  estimated  for  or  assessed  upon  each  of  said 


112 


MADISON  CITY  CHARTER. 


lots  or  parcels  with  the  name  or  names  of  the  owner  of  each,  if 
ascertained  by  said  assessors.  It  shall  not  be  necessary  in  said 
report  to  describe  any  of  the  said  lots  or  parcels  by  metes  and 
bounds  but  only  by  reference  to  said  diagram. 

Section  11.  On  the  presentation  of  said  report,  prepared 
by  said  assessors  the  common  council  after  hearing  any  matter 
that  may  be  alleged  against  the  same,  may  either  confirm  the 
said  report  or  refer  the  same  to  the  assessors  for  revisal  and  cor¬ 
rection  or  to  new  assessors  to  be  appointed,  as  aforesaid,  to  re¬ 
consider  the  subject  matter  thereof,  and  the  said  assessors  to 
whom  the  report  shall  be  so  referred,  shall  return  the  same  re¬ 
port  corrected  and  revised  or  a  new  report,  to  be  made  by  them  in 
the  premises,  to  the  common  council,  without  unnecessary  delay, 
and  the  same  on  being  so  returned  shall  be  confirmed,  or  again 
referred  by  the  said  common  council  in  manner  aforesaid,  as 
right  and  justice  shall  require  ;  and  so  from  time  to  time  until  a 
report  shall  be  made  or  returned  in  the  premises  which  the  said 
common  council  shall  confirm.  In  case  any  one  or  more  ot  the 
persons  affected  thereby  shall  be  dissatisfied  with  the  said  report 
so  confirmed  by  the  common  council,  he  may  within  ten  days 
after  such  confirmation  appeal  therefrom  to  the  circuit  court  for 
the  county  of  Dane,  by  serving  a  notice  of  such  appeal  on  the 
city  clerk,  stating  the  portions  of  such  report  from  which  he  ap¬ 
peals  and  his  reasons  therefor,  together  with  an  undertaking 
with  two  sufficient  sureties  to  be  approved  by  the  city  clerk, 
conditioned  for  the  faithful  prosecution  of  such  appeal,  and  the 
payment  of  all  costs  and  expenses  which  shall  be  adjudged 
against  the  appellant  by  the  court.  In  case  of  several  such  ap¬ 
peals  all  shall  be  heard  at  once.  It  shall  be  competent  for  said 
court  on  such  appeals  to  enter  an  order  for  trial,  stating  distinctly 
and  plainly  the  questions  of  fact  to  be  tried,  whereupon  the  same 
shall  be  tried  in  the  usual  manner  or  to  refer  the  said  report  for 
examination,  adjustment1  and  report,  to  three  or  more  assessors 
to  be  by  the  court  appointed  with  instructions  as  to  the  rules 
governing  their  action  all  as  in  its  opinion  justice  shall  require. 
When  such  report  shall  be  confirmed  by  the  common  council 
from  which  no  appeal  be  taken,  or  be  confirmed  by  the  circuit 
court  after  appeal  taken,  the  same  shall  be  final  and  conclusive 
as  well  upon  the  said  city  as  upon  the  owners,  parties  and  per- 


MADISON  CITY  CHARTER. 


113 


sons  interested  in’ the  lands  mentioned  in  the  said  report,  and 
also  upon  all  other  persons  whomsoever.  In  case  any  one  or 
more  of  the  parties  appealing  to  the  circuit  court,  from  the  con¬ 
firmation  of  the  report  made  by  the  common  council  shall  not 
succeed  upon  his  appeal,  the  costs  and  expenses  of  such  appeal 
and  of  the  reference  rendered  thereby  necessary  to  be  determined, 
and  in  case  of  more  than  one  appeal  to  be  apportioned  by  the 
said  court,  shall  be  paid  by  such  unsuccessful  appellant  or  ap¬ 
pellants.  The  work  of  constructing  any  sewer  or  drain  under 
the  provisions  of  this  chapter  may  be  undertaken  on  or  at  any 
time  after  the  confirmation  by  the  common  council,  of  the  report 
of  the  board  of  assessors  whether  therefrom  appeal  lie  taken  or 
not. 

Section  12.  The  said  assessors  while  actually  engaged  in 
the  discharge  of  their  said  duties,  may  be  allowed  by  the  common 
council  such  compensation  not  exceeding  three  dollars  for  each 
day’s  actual  work  as  the  common  council  shall  deem  proper 
and  for  such  necessary  expenses  attending  the  discharge  of  tlieir 
duties,  including  the  employment  of  competent  assistants  when 
necessary  at  no  greater  per  diem  as  in  the  opinion  of  the  com¬ 
mon  council  shall  be  proper.  All  such  expenses,  together  with 
the  costs  and  expenses  incurred  in  re-reference  to  the  assessors 
and  on  appeals  when  not  chargeable  to  the  appellants,  shall  be 
included  in  the  said  estimate  as  a  part  of  the  cost  of  the  work. 

Section  13.  It  shall  also  be  lawful  for  the  common  council 
to  cause  such  portion  of  the  estimated  cost  of  the  construction, 
altering  or  amending  of  sewers1  or  drains  as  aforesaid,  or 
any  of  them,  as  it  shall  designate,  to  be  borne  by  the  city,  and 
the  balance  to  be  assessed  upon  the  buildings,  houses  and  lots 
indicated  to  be  benefited  thereby  as  it  shall  deem  proper. 

8 


114 


MADISON  CITY  CHARTER. 


CHAPTER  XL* 

MUNICIPAL  COURT - JURISDICTION. 

Section  1.  In  addition  to  the  powers  and  jurisdiction  here¬ 
tofore  conferred  by  law  in  criminal  matters  upon  the  municipal 
court,  the  said  municipal  court  of  Dane  county,  and  the  judge 
thereof,  shall  be  vested  with  exclusive  jurisdiction  to  hear,  try 
and  determine  all  complaints,  and  conduct  all  examinations  in 
criminal  cases  instituted  or  arising  within  the  city,  and  with  ex¬ 
clusive  jurisdiction  to  hear,  try  and  determine  all  complaints  or 
prosecutions  for  offenses  against  the  charter  or  any  of  the  by¬ 
laws  or  ordinances  of  the  city  of  Madison,  and  with  all. criminal 
jurisdiction  heretofore  conferred  by  law  upon  the  police  court 
of  the  city  of  Madison  or  the  municipal  court  of  Dane  county, 
and  with  exclusive  jurisdiction  to  hear,  try  and  determine  all 
civil  actions  to  which  the  city  shall  be  a  party  and  which  would 
otherwise  he  cognizable  before  justices  of  the  peace,  and  no 
justice  of  the  peace  in  said  city  shall  exercise  any  jurisdiction 
conferred  upon  the  municipal  court  by  this  act. 

*OriginaIly  chapter  X  of  chapter  36,  Laws  of  1882,  amended  to  read 
chapter  XI,  by  section  14  of  chapter  195,  Laws  of  1885. 

Laws  and  statutes  relating  to  the  municipal  court. 

Secs.  2515—2523,  R.  S.  1898. 

Chapter  107,  Laws  of  1873,  constituting  the  police  court  of  the  city 
of  Madison,  the  municipal  court  of  the  city  of  Madison;  chapter  22, 
Law’s  of  1874,  amending  chapter  107,  Laws  of  1873,  and  constituting 
the  municipal  court  of  the  city  of  Madison,  the  municipal  court  for 
the  city  of  Madison  and  the  county  of  Dane;  chapter  136,  Laws  of  1875, 
amending  chapter  22,  Laws  of  1874;  chapter  27,  Laws  of  1880,  amend¬ 
ing  section  2523,  R.  S.  of  1878;  chapter  463,  Laws  of  1889,  amending 
section  2523,  R.  S.  of  1878,  as  amended  by  chapter  27,  Laws  of  1880; 
chapter  366,  Laws  of  1891;  chapter  49,  Laws  of  1901,  amending  sec¬ 
tions  2515  to  2522,  inclusive,  R.  S.  of  Wisconsin,  1898. 


MADISON  CITY  CHARTER. 


115 


SALARY  OF  JUDGE - EXPENSES  OF  COURT,  ETC. 

Section  2.  The  city  of  Madison  shall  quarter  yearly,  on  the 
first  day  of  August,  November,  February  and  May,  in  each  year, 
pay  to  the  judge  of  said  court  the  portion  of  his  salary  to  be  paid 
by  said  city,  as  provided  by  chapter  twenty-seven  of  the  general 
laws  of  A.  D.  1880,  and  shall  provide  the  necessary  record  books, 
blanks,  stationery,  lights  and  fuel  for  said  court,  as  provided  in 
section  two  thousand  five  hundred  and  nineteen  of  the  revised 
statutes,  for  one-half  of  which  expense  the  said  city  shall  be  re¬ 
imbursed  by  the  county  of  Dane,  as  provided  in  section  two 
thousand  five  hundred  and  twenty  of  the  revised  statutes.* 


CHAPTER  XII. f 

MISCELLANEOUS  PROVISIONS - PROPERTY  AND  RIGHTS  OF  VIL¬ 

LAGE  MERGED  IN  CITY. 

Section  1.  The  city  of  Madison  shall  be  and  is  hereby  in¬ 
vested  as  the  lawful  owner  and  successor  of  all  real  and  personal 
property,  and  all  the  rights  and  privileges  belonging  to  the  cor¬ 
poration  of  the  village  of  Madison,  together  with  all  the  funds, 
revenues,  debts  and  demands  due  and  owing  to  the  said  village  of 
Madison,  as  a  corporate  body,  which,  by  or  under  former  acts, 
ordinances,  grants,  donations,  gifts  or  purchases,  have  been  ac¬ 
quired,  vested,  or  in  any  manner  belonging  to  said  corporation, 
and  the  same  are  hereby  transferred  to  the  corporate  body  cre¬ 
ated  by  this  act,  and  all  suits,  judgments,  rights,  claims  and  de¬ 
mands  against  the  said  village  or  city  of  Madison  may  be  con- 

*  See  chapter  463,  Laws  of  1889,  providing  for  the  fixing  of  a  salary 
for  the  clerk  of  municipal  court. 

Chapter  463,  Laws  of  1889,  affected  by  section  2  of  chapter  366, 
Laws  of  1891. 

fOriginally  chap.  XI  of  chap.  36,  Laws  of  1882,  amended  to  read 
chapter  XII  by  section  14  of  chapter  195,  Laws  of  1885. 


116 


MADISON  CITY  CHARTER. 


tinned,  prosecuted,  defended  and  completed  in  the  same  manner 
as  if  this  act  had  not  passed. 

BOARD  OF  EDUCATION. 

Section  2.  The  common  schools  of  the  citv  of  Madison  shall 
be  under  the  supervision  and  control  of  the  hoard  of  education, 
as  provided  by  chapter  295  of  the  general  laws  of  1861,  and  the 
acts  amendatory  thereof ;  provided,  that  said  board  of  education 
of  said  city  is  hereby  authorized,  if  it  deems  it  advisable,  to  di¬ 
rect  one  or  more  of  the  teachers  in  the  common  schools  in  said 
city  to  instruct  such  of  their  pupils  as  wish  it,  in  one  or  more  of 
the  modern  languages,  besides  the  English,  but  in  such  a  manner 
that  none  of  said  scholars  shall  devote  more  than  one-fourth  of 
their  time  in  school  to  any  other  than  English  language  and 
studies.  The  mayor  shall  ex-officio  be  a  member  of  the  board  of 
education  of  the  city  of  Madison,  and  as  such  shall  have  the 
same  rights  and  privileges  as  other  members  of  said  board  of 
education.  The  board  of  education  shall  annually,  on  the  first 
day  of  September,  and  oftener  if  required,  report  in  writing  to 
the  common  council  a  full  and  detailed  statement  of  the  financial 
affairs  and  transactions  of  the  board,  for  the  year  preceding,  and 
of  its  wants  and  requirements  for  the  ensuing  year.  The  com¬ 
mon  council  shall  have  power  to  levy  a  special  tax  to  pay  all  out¬ 
standing  valid  claims  against  the  board  of  education  or  such 
part  thereof  as  it  may  deem  proper,  and  the  money  arising  from 
such  tax  shall  be  applied  to  no  other  purpose  whatever.  Money 
shall  be  paid  from  the  treasury  of  the  board,  on  future  appro¬ 
priations  only,  on  certificate  of  its  president  and  clerk,  and  no 
order  on  the  treasury,  nor  other  evidence  of  debt,  shall  hereafter 
be  issued  upon  the  allowance  of  claims.* 

ALE  WORK  TO  BE  LET  TO  LOWEST  BIDDER. 

Section  3.  All  work  for  the  city  or  either  ward  thereof,  un¬ 
less  performed  by  the  city,  shall  be  let  by  contract  to  the  lowest 

*As  to  the  authority  of  board  of  education  to  borrow  money  of  com¬ 
missioners  of  public  lands  see  chapter  410,  Laws  of  1887,  p.  148. 

See  also  secs,  258 — 260,  R.  S.  1898. 


MADISON  CITY  CHARTER. 


117 


reasonable  responsible  bidder,  and  due  notice  shall  be  given  of 
the  time  and  place  of  letting  such  contract  ;  provided,  that  the 
council,  by  a  vote  of  two-thirds  of  all  the  members  thereof,  may 
otherwise  provide  for  work. 

ACTIONS  TO  RECOVER  PENALTIES. 

Section  4.  All  actions  brought  to  recover  any  penalty  or  for¬ 
feiture  under  the  ordinances,  by-laws,  police  or  health  regula¬ 
tions  made  in  pursuance  thereof,  shall  be  brought  in  the  cor¬ 
porate  name  of  the  city.  It  shall  be  lawful  to  declare  generally 
for  such  penalty  or  forfeiture,  stating  the  clause  of  this  act,  or 
by-laws  or  ordinances,  under  which  the  penalty  or  forfeiture  is 
claimed,  and  to  give  the  special  matter  in  evidence  under  it.  All 
prosecution  may  be  commenced  by  summons  or  by  warrant,  as 
the  exigency  of  the  case  may  require.  In  all  cases  where  an 
action  might  be  brought  by  the  city  of  Madison  against  any  per¬ 
son,  company  or  corporation,  such  action  may  be  commenced  and 
prosecuted,  in  the  name  of  the  city,  by  any  resident  of  said  city ; 
provided,  that  before  any  person  other  than  the  proper  officers  of 
said  city,  shall  prosecute  any  such  action,  the  person  or  persons 
so  commencing  shall  enter  into  bonds  with  sufficient  surety  to 
the  opposite  party,  to  be  approved  by  the  judge  or  justice  before 
whom  such  action  shall  be  brought,  conditioned  that  he  or  they 
will  pay  all  costs  that  might  be  recovered  against  the  city  in  such 
action.  After  the  tiling  of  such  bond,  with  the  papers  in  the 
case,  such  action  shall  not  be  discontinued  or  defeated  bv  the 
city,  nor  shall  the  city  be  liable  for  any  costs  on  account  of  any 
such  action,  but  such  costs,  where  the  action  shall  fail  may  be  re¬ 
covered  against  the  party  commencing  the  same,  upon  the  bond 
tiled  as  aforesaid;  provided,  that,  nothing  herein  contained  shall 
be  so  construed  as  to  prevent  any  peace  officer  from  arresting 
without  process  any  person  in  a  state  of  intoxication,  or  guilty 
of  immoderate  drinking,  improper  revelling,  obscenity,  or  noisy, 
boisterous  or  disorderly  conduct  in  the  streets  or  public  places, 
and  taking  such  person  or  persons  forthwith  before  the  municipal 
court  or  keeping  them  in  confinement  until  such  time  as  said 
court  can  reasonably  hear  and  dispose  of  such  offender. 


118 


MADISON  CITY  CHARTER. 


JUDGMENT  TO  BE  ENTERED  ON  CONVICTION. 

Section  5.  In  all  cases  of  conviction  in  actions  brought  or 
prosecuted  to  recover  a  penalty  under  any  of  the  provisions  of 
this  act,  or  to  recover  a  penalty  or  forfeiture  for  the  violation  of 
any  city  ordinance  or  regulation,  the  court  shall  render  judgment 
against  the  defendant  for  the  fine  and  costs  of  prosecution,  and 
if  the  defendant  shall  refuse  or  neglect  to  pay  such  fine  and  costs, 
the  court  shall  enter  a  judgment  that  the  defendant  be  imprisoned 
in  the  county  jail  of  Dane  county  for  a  term  not  exceeding  three 
months  and  shall  forthwith  commit  the  defendant  for  the  term 
fixed  by  said  judgment,  and  in  all  cases  where  the  judgment  shall 
be  that  the  defendant  shall  be  imprisoned  in  the  county  jail,  the 
court  may  in  its  discretion  enter  a  further  judgment  that  the  de¬ 
fendant  pay  the  costs  of  prosecution,  and  that  he  be  held  in  im¬ 
prisonment  in  the  said  jail  until  such  costs  be  paid,  or  lie  be 
otherwise  discharged  by  due  course  of  law. 

NOT  TO  WORK  INCOMPETENCY. 

Section  6.  Xo  person  shall  be  an  incompetent  judge,  jus¬ 
tice,  witness  or  juror,  by  reason  of  his  being  an  inhabitant  of 
said  city,  in  any  proceeding  or  action  in  which  the  city  shall  be  a 
party  in  interest. 

FAILURE  OF  ELECTION  NOT  TO  SUSPEND  CORPORATION. 

Section  7.  Tf  any  election  bv  the  people  or  common  council 
shall  not  for  any  cause  be  held  at  the  time  or  in  the  manner  herein 
prescribed,  it  shall  not  be  considered  reason  for  arresting,  sus¬ 
pending,  or  abolishing  said  corporation,  but  such  election  may  be 
held  on  any  subsequent  day,  by  order  of  the  mayor ;  and  if  any 
of  the  duties  enjoined  by  this  act,  or  the  ordinances  or  by-laws  of 
the  city  to  be  done  by  any  officer,  at  any  time  specified  and  the 
same  are  not  done  and  performed,  the  common  council  may  ap¬ 
point  another  time,  at  which  said  acts  may  be  done  or  performed. 


IIOW  PROCESS  SERVED  AGAINST  CITY. 

Section  8.  Whenever  any  suit  or  action  shall  be  com- 

«/ 

menced  against  said  city,  the  service  thereof  may  be  made 

0'  *  7  •' 


MADISON  CITY  CHARTER. 


119 


by  leaving  a  copy  of  the  process  with,  the  mayor  and  city  clerk, 
and  it  shall  be  the  duty  of  the  mayor  forthwith  to  inform  the 
common  council  thereof  or  to  take  such  other  proceedings  as  the 
ordinance  and  resolutions  of  said  council  may  provide. 

CITY  MAY  HOED  PROPERTY. 

Section  9.  Said  city  may  lease,  purchase  or  hold  real  or 
personal  property  sufficient  for  the  convenience  of  the  inhabi¬ 
tants  thereof,  and  may  sell  and  convey  the  same,  and  the  same 
shall  be  free  from  taxation. 

GENERAL  LAW  NOT  TO  MODIFY  THIS  ACT. 

Section  10.  ~No  general  law  contravening  the  provisions  of 
this  act  shall  be  considered  as  repealing,  amending  or  modifying 
the  same,  unless  such  purpose  is  expressly  set  forth  in  such  law. 

TRANSFER  OF  DUTIES. 

Section  11.  From  and  after  the  second  Monday  of  March, 
A.  D.  1856,  the  connection  between  the  town  of  Madison  and 
that  part  of  said  town  included  within  the  city  limits  for  all 
town  purposes  shall  he  dissolved.  The  duties  now  and  hereafter 
imposed  upon  supervisors  and  other  town  officers,  so  far  as  they 
relate  to  the  city  of  Madison,  shall  be  performed  by  the  aldermen 
of  the  wards  and  other  officers  of  said  city. 

MISDEMEANORS  OF  CITY  OFFICERS  AND  THEIR  PUNISHMENT. 

Section  12.  Every  member  of  the  common  council  of  the 
city  of  Madison,  who  shall  directly  or  indirectly  vote  to  himself, 
or  knowingly  to  any  other  person,  any  sum  of  money  for  any 
other  purpose  whatever,  in  the  violation  of  the  city  charter  or  of 
any  amendment  thereto,  or  shall  ask  or  receive  any  compensation 
for  doing  any  official  act,  except  as  inspector  of  elections,  mem¬ 
ber  of  the  board  of  registry,  and  as  member  of  the  board  of 
equalization  ;  any  member  of  the  common  council  or  other  city 
officer  who  shall  be  directly  or  indirectly  interested  in  any  con¬ 
tract  made  with  or  in  behalf  of  the  city,  and  any  member  of  said 


120 


MADISON  CITY  CHARTER. 


council,  or  other  city  officer,  who  shall,  directly  or  indirectly, 
purchase  or  he  interested  in  the  purchase  of  any  city  order  or 
city  indebtedness  for  less  than  the  full  amount  thereof,  shall  be 
deemed  guilty  of  a  misdemeanor .  in  office,  and  may  be  prose¬ 
cuted  either  by  indictment  or  complaint  before  the  municipal 
court,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars  nor  less  than  twenty  dollars,  or 
by  imprisonment  in  the  county  jail  not  more  than  thirty  days  nor 
less  than  ten  days,  or  both,  at  the  discretion  of  the  court. 

PAUPERS - IIOW  PROVIDED  FOR. 

Section  13.  The  paupers  of  said  city  shall  be  removed  to 
the  poor  house  of  the  county  of  Dane  by  order  of  the  mayor  or 
aldermen,  in  like  manner  as  they  are  removed  from  the  several 
towns  in  said  county ;  provided,  that  if,  by  reason  of  contagious 
or  infectious  disease  or  for  any  other  reason,  such  pauper  cannot 
be  so  removed  to  the  county  poor  house  without  danger  to  the 
public  health  or  the  health  of  such  pauper,  the  city  of  Madison 
shall  care  for  such  pauper  until  such  time  as  he  may  be  so  re¬ 
moved,  and  the  expense  of  such  care  so  incurred  shall  be  charge¬ 
able  to  and  paid  from  the  poor  fund  of  Dane  county. 

LICENSES - HOW  ISSUED. 

Section  14.  Every  license  issued  by  the  auhority  of  this 
act,  or  the  ordinances  of  the  city,  shall  be  signed  by  the  mayor 
and  city  clerk  and  sealed  with  the  corporate  seal,  but  no  such 
license  shall  be  issued  by  said  mayor  and  clerk  until  the  person 
applying  for  the  same  shall  have  deposited  with  said  clerk  the 
receipt  of  the  city  treasurer  for  the  amount  required  to  be  paid 
therefor;  nor  shall  any  license  be  issued  for  dealing  in,  selling 
or  vending  spirituous,  malt  or  vinous  liquors  until  the  applicant 
shall  have  filed  his  receipt  as  aforesaid,  together  with  a  bond  as 
required  by  the  laws  of  this  state,  which  bond  shall  be  approved 
bv  the  mayor,  and  a.  sum  not  less  than  the  minimum  sum  nor 
greater  than  the  maximum  sum  fixed  by  the  laws  of  this  state 
to  be  paid  by  such  license,  shall  be  paid  to  the  city  treasurer  in 
monev.  It  shall  be  the  duty  of  the  mayor  and  city  clerk  to  re- 
port  to  the  council  at  eacli  regular  meeting  thereof,  the  licenses 


MADISON  CITY  CHARTER. 


121 


theretofore  issued  by  them  and  not  before  reported,  and  the 
council  shall  by  vote  approve  or  disapprove  the  same.  If  the 
council  disapprove  thereof,  it  shall  be  the  duty  of  the  city  clerk 
forthwith  to  notify  the  person  holding  such  license  that  the  same 
has  been  revoked  by  action  of  the  common  council,  and  such  li¬ 
cense  shall  thereafter  be  void,  and  the  council  shall  refund  the 
license  money  paid  therefor,  except  a  fair  proportion  thereof  for 
the  time  such  license  was  in  force. 

DUTIES  OF  THE  TREASURER  AS  TO  DELINQUENT  LANDS. 

Section  15.  The  treasurer  of  the  city  of  Madison  shall  per¬ 
form  all  the  duties  and  do  all  the  acts  required  by  law  to  be  done 
by  the  treasurer  of  the  village  of  Madison,  in  relation  to  the  re¬ 
demption  and  deeding  of  lands  heretofore  sold  for  the  non-pay¬ 
ment  of  taxes  in  said  village,  and  every  certificate  of  redemption 
or  tax  deed  made  out  and  executed  by  the  said  city  treasurer, 
shall  have  the  same  force  and  legal  effect  as  if  this  act  had  not 
been  passed  and  such  certificate  or  deed  had  been  made  out  and 
executed  by  said  village  treasurer.  And  the  treasurer  of  the 
city  of  Madison  is  hereby  authorized,  in  making  any  deed  for 
lots  or  lands  heretofore  sold  by  the  treasurer  of  the  village  of 
Madison  for  the  non-payment  of  taxes  in  said  village,  to  make 
the  same  in  the  name  of  the  city  of  Madison,  and  every  deed  so 
made  and  executed  by  the  city  treasurer  shall  be  received  in  all 
courts  of  this  state  as  prima  facie  evidence  that  all  the  proceed¬ 
ings  relating  to  or  affecting  the  tax  for  which  such  lots  or  lands 
were  sold,  from  the  assessment  to  the  making  of  such  deed  in¬ 
clusive,  were  regular,  correct  and  performed  according  to  law ; 
and  no  other  act,  shall  be  required  of  said  city  treasurer  in  rela¬ 
tion  to  lots  so1  sold,  except  the  making  and  acknowledging  of  such 
deed  as  aforesaid,  except  issuing  certificates  of  redemption  from 

such  lots  as  may  be  redeemed. 

« 

WHERE  OFFENDERS  TO  BE  IMPRISONED. 

Section  16.  The  use  of  the  jail  of  Dane  county,  until  other¬ 
wise  provided,  shall  be  granted  to  said  city  for  the  confinement 

of  offenders,  and  everv  such  offender  shall  be  delivered  to  the 

* 

sheriff  of  said  county,  for  whose  custody,  safe  keeping  and  de- 


122 


MADISON  CITY  CHARTER. 


livery  the  said  sheriff  shall  be  responsible  as  in  other  eases ;  but 
said  county  shall  not  incur  or  pay  any  liability  or  expense  on  ac¬ 
count  of  any  person  committed  to  said  jail  for  a  violation  of  any 
ordinance,  by-law,  rule  or  regulation  of  said  city,  but  such  ex¬ 
penses  shall  he  paid  by  the  city. 


PRIVATE  PROPERTY  NOT  LIABLE  FOR  CITY  DEBT. 

Section  17.  No  real  or  personal  property  of  any  inhabitant 
of  said  city  or  town,  or  individual  or  corporation,  shall  be 
levied  upon  or  sold  by  virtue  of  any  execution  issued  to  satisfy 
or  collect  anv  debt,  obligation  or  contract  of  said  citv. 


HOW  EXECUTION  AGAINST  CITY  TO  BE  ISSUED. 

Section  18.  When  a  judgment  shall  be  recovered  against 
said  city  or  any  ward  thereof,  or  against  any  officer  of  said  city 
in  any  action  prosecuted  by  or  against  him,  in  his  name  of  office, 
where  the  same  should  be  paid  by  the  city  or  any  ward  thereof, 
no  execution  shall  be  issued  or  awarded  upon  such  judgment,  ex¬ 
cept  as  hereinafter  provided ;  but  the  same,  unless  reversed,  shall 
be  levied  and  collected  as  other  city  or  ward  charges,  and  when 
so  collected  shall  be  paid  by  the  city  treasurer  to  the  person  to 
whom  the  same  shall  be  adjudged  upon  the  delivery  of  a  proper 
voucher  therefor;  but  if  payment  thereof  be  not  made  within 
sixty  days  after  the  citv  treasurer  is  required  to  make  his  return 
of  city  or  ward  taxes,  next  after  the  rendition  of  such  judgment, 
execution  may  be  issued  thereon,  upon  the  order  of  the  court 
authorized  to  issue  such  execution,  on  special  application  there¬ 
for. 

COUPONS  ON  BONDS  RECEIVABLE  FOR  TAXES. 

Section  19.  The  interest  coupons  on  any  of  the  outstanding 
bonds  of  the  city  of  Madison  shall  be  receivable  for  city  taxes. 
And  it  is  hereby  made  the  duty  of  the  city  treasurer  to  deliver 
to  the  common  council,  at  its  first  regular  meeting  in  the  month 
of  March  in  each  year,  all  coupons  received  by  him  for  taxes, 
and  he  thereupon  shall  be  credited  with  the  amount  thereof ;  and 
said  coupons  shall  be  canceled  in  the  presence  of  the  common 
council,  and  deposited  in  the  city  clerk’s  office,  and  the  common 


MADISON  CITY  CHARTED. 


123 


council  shall,  at  said  meeting,  appropriate  sufficient  money  from 
the  portion  of  the  tax  raised  for  the  payment  of  the  interest  and 
principal  of  the  bonded  indebtedness  of  the  city,  to  pay  all 
coupons  falling  due  on  the  first  day  of  April  thereafter,  and 
cause  the  same  to  be  placed  where  said  bonds  and  coupons  are 
made  payable,  before  the  first  day  of  April  in  each  year ;  and  if 
at  the  said  meeting  it  shall  be  ascertained  that  sufficient  money 
has  not  been  collected  from  said  tax  to  pay  all  the  coupons  ma¬ 
turing  on  the  first  day  of  April  next  thereafter,  the  common  coun¬ 
cil  shall  appropriate  sufficient  to  pay  such  deficiency  from  the 
general  fund ;  and  all  money  collected  after  such  appropriation, 
upon  such  special  tax,  shall  be  placed  in  the  general  fund  belong¬ 
ing  to  said  city,  until  the  general  fund  is  reimbursed  for  the 
amount  so  paid  for  interest. 

APPLICATION  OF  THIS  ACT  TO  CITY  OFFICERS,  ETC. 

Section  20.  1ST o  member  of  the  council  shall  be  elected  or 
appointed  to  any  office,  agency  or  place  of  public  trust  or  profit 
by  the  council  except  as  provided  by  this  act;  neither  shall  the 
common  council  sell  or  authorize  the  sale  of  any  city  order  or 

fj 

certificate  of  indebtedness  for  the  purpose  of  raising  money  for 
the  payment  of  any  debt  for  less  than  the  amount  expressed 
upon  the  face  thereof. 

OF  PARDONS - OF  FINES. 

Section  21.  The  mayor  shall  have  power  to  grant  pardons 
or  commutations,  after  conviction,  for  all  offenses  against  the 
ordinances  of  the  city,  upon  such  conditions  as  lie  may  deem 
proper;  he  shall  communicate  any  such  action  to  the  council  at 
its  next  meeting,  with  the  reasons  therefor.  All  fines  imposed 
by  the  municipal  court  of  Dane  county,  for  violation  of  this  act, 
or  ordinances,  by-laws  or  regulations  made  in  pursuance  thereof, 
shall  be  paid  by  the  officer  collecting  the  same  into  the  city  treas¬ 
ury,  and  a  separate  account  made  thereof ;  and  in  the  months  of 
March  and  September  in  each  year  the  city  clerk  shall  report  to 
the  council  the  amount  so  received  during  the  preceding  six 
months,  and  also  the  expenses  attending  such  prosecutions  in  the 
city  during  the  same  period. 


124 


MADISON  CITY  CHARTED 


REMOVAL  FROM  OFFICE. 

Section  22.  The  common  council  shall  have  power,  and  it 
shall  be  its  duty,  to  remove  from  office  any  policeman  for  incom¬ 
petency,  misconduct  or  neglect  in  the  discharge  of  his  official 
duties,  or  for  refusing  or  neglecting  to  perform  such  acts  as  are 
required  of  him  by  law. 

PUNISHMENT  FOR  DRUNKENNESS^  ETC. 

Section  23.  Any  person  who  shall  he  guilty  of  drunkenness, 
or  of  immoderate  drinking,  improper  reveling,  obscenity,  or 
noisy,  boisterous  or  disorderly  conduct  in  the  streets  or  public 
places  of  the  city  of  Madison,  shall  be  deemed  to  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  before  the  municipal 
court  of  Dane  county,  shall  be  punished  by  a  tine  of  not  less  than 
one  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  of  Dane  county  for  a  term  of  not  less  than  two 
days  nor  more  than  three  months. 

t j 


OF  COMPEAINTS  FOR  OFFENSES. 

Section  24.  Whenever  any  complaint  is  made  to  the  munici¬ 
pal  court  of  Dane  county  bv  any  police  officer,  sheri tf,  policeman, 
or  other  person,  that  any  offense  has  been  committed  within  the 
said  city,  against  the  provisions  of  the  charter  of  said  city,  or  of 
the  by-laws  or  ordinances  passed  in  pursuance  thereof,  whether 
such  offense  is  made  punishable  under  such  charter  or  ordinances 
by  fine,  penalty  or  imprisonment,  the  said  municipal  judge,  or 
the  clerk  of  said  municipal  court,  shall  examine  the  complainant 
on  oath,  and  reduce  the  complaint  to  writing,  and  cause  the  same 
to  be  subscribed  by  the  complainant ;  and  if  it  shall  appear  that 
any  such  offense  has  been  committed,  the  said  municipal  judge 
or  the  clerk  of  said  municipal  court  shall  issue  his  warrant,  re¬ 
citing  the  substance  of  the  complaint,  requiring  the  officer  forth¬ 
with  to  arrest  the  accused  and  bring  him  before  such  municipal 
court,  to  be  dealt  with  according  to  law.  All  the  laws  of  this 
state  relating  to  the  manner  of  conducting  criminal  actions  be¬ 
fore  inst ices’  courts  shall  be  applicable  to  all  trials  before  the 
municipal  court  under  this  act  so  far  as  the  same  do  not  conflict 
with  the  provisions  of  this  act. 


MADISON  CITY  CHARTER. 


125 


PURCHASE  OF  CITY  BONDS. 

Section  25.  The  common  council  is  hereby  authorized  and 
empowered  to  purchase  outstanding  bonds  of  the  city  of  Madison 
from  the  surplus  accumulations  of  the  sinking  fund  after  pix> 
viding  for  the  payment  of  interest,  if  such  purchases  can  he  made 
advantageously  to  the  interests  of  the  city. 

OF  SALARIES. 

Section  26.  Mo  compensation  or  salary  shall  he  paid  the 
mayor  or  any  alderman  of  said  city,  except  as  provided  in  sec¬ 
tion  12  of  this  chapter. 


ASSIGNMENT  OF  LICENSE. 

Section  27.  Mo  assignee  of  any  license  shall  he  permitted 
to  pursue  the  occupation  or  business  licensed,  except  upon  the 
same  premises  where  the  business  was  conducted  by  the  original 
holder  of  said  license. 


REPEALED. 


Section  28.  An  act  entitled  “an  act.  to  consolidate  and 
amend  an  act  to  incorporate  the  city  of  Madison  and  the  several 
other  acts  amendatory  thereof,’’  approved  March  16,  1880,  being 
chapter  322  of  the  laws  of  1880,  and  the  several  acts  amendatory 
thereof,  and  all  acts  relating  to  the  corporation  of  the  city  of 
Madison  not  retained  in  this  act,  are  hereby  repealed. 

• 

PUBLIC  ACT. 

Section  29.  This  act  is  hereby  declared  a  public  act,  and 
shall  be  liberally  construed  in  all  courts  of  this  state. 

Section  30.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  March  2,  1882. 


126- 


MADISON  CITY  CHARTER. 


PARTS  OF  GENERAL  CHARTER  ADOPTED 
BY  THE  CITY  OF  MADISON. 


Sections  925 — 127,  128  and  129  of  chapter  40(a),  Hi.  S.  of 
1898,  adopted  March  15,  1901,  by  ordinance  No.  1238. 

Deposit  of  funds.  Section  925 — 127.  The  council  may 
designate  by  resolution  the  bank  or  banks  where  the  money  be¬ 
longing  to  the  city  shall  be  deposited,  and  the  security,  to  be  ap¬ 
proved  by  the  mayor  and  comptroller,  to  be  given  by  such  hank 
or  banks,  and  when  the  money  is  so  deposited  the  treasurer  and 
his  bondsmen  shall  not  be  liable  for  the  loss  thereof  by  reason 
of  the  failure  of  such  bank  or  banks,  and  the  interest  arising 
therefrom  shall  be  paid  into  the  treasury ;  provided,  such  money 
shall  not  be  deposited  in  any  bank  without  this  state. 

Interest.  Section  925 — 128.  The  council  may  contract 
with  a  bank  receiving  the  city  deposits  for  the  payment  of  inter¬ 
est  thereon. 

• 

Deposits,  how  drawn  upon.  Ssection  925 — 129.  The  coun¬ 
cil  may  so  provide  that  all  moneys  in  the  hands  of  the  treasurer 
at  the  end  of  each  month,  not  exceeding  a  sum  to  be  specified, 
shall  be  deposited  in  the  bank  or  banks  selected  for  that  purpose 
in  a  special  account,  and  no  money  shall  be  drawn  from  said  ac¬ 
count  except  on  a  check  or  order  signed  by  the  treasurer  and 
countersigned  by  the  comptroller.  Whenever  the  balance  in  the 
general  account  falls  below  such  specified  sum  the  comptroller 
may  countersign  a  check  for  a  sufficient  amount  to  increase  the 
balance  in  such  account  to  such  specified  sum.  No  change  in 


MADISON  CITY  CHARTER. 


127 


this  regard  shall  be  made  in  any  year,  after  the  treasurer  shall 
have  filed  his  bond,  which  will  increase  the  liability  of  the  bonds¬ 
men;  provided,  that  the  city  treasurer  of  all  cities  of  the  first 
class  may  keep,  on  hand  in  the  treasury,  in  addition  to  the 
amount  deposited  in  banks,  ten  thousand  dollars,  and  said 
amounts  may  be  maintained  by  the  treasurer  and  comptroller  by 
the  issuance  of  checks  upon  any  bank  depository  of  said  city. 


Sections  925 — 172  to  197(a)  inclusive  of  chapter  40(a), 
R.  S.  of  1898,  adopted  March  15,  1901,  by  ordinance  No.  1237. 

CHAPTER  18 - CITY  IMPROVEMENTS. 

Grade  of  streets;  damages.  Section  925 — 172.  The  council 
shall  have  authority  to  establish  the  grade  of  all  streets  and  alleys 
in  the  city,  and  to  change  and  re-establish  the  same  as  it  may 
deem  expedient  ;  provided,  that  whenever  it  shall  change  or  alter 
the  permanently  established  grade  of  any  street  any  person  there¬ 
by  sustaining  damages  to  his  property  on  such  street  shall  have 
a  right  to  recover  such  damages  in  the  manner  set  forth  in  this 
sub-chapter. 

Record  of  grade.  Section  925 — 173.  The  grade  of  all 
streets  shall  be  established  and  described,  and  the  adoption  of 
such  grades  and  all  alterations  thereof  shall  be  recorded  by  the 
city  clerk.  ISTo  street  shall  be  worked  until  the  grade  thereof  is 
established  and  recorded  in  the  manner  herein  set  forth. 

Streets  and  sidewalks.  Section  925 — 174.  The  streets  shall 
be  divided  into  a  carriage  way  and  a  sidewalk  on  each  side  there¬ 
of  ;  the  sidewalk  shall  be  for  the  use  of  persons  on  foot,  and  no 
person  shall  be  allowed  to  incumber  the  same  with  boxes  or  other 
material ;  but  such  sidewalk  shall  be  kept  clear  for  the  uses  speci¬ 
fied  herein. 


128 


MADISON  CITY  CHARTER. 


Opening,  paving  and  grading  streets,  etc.  Section  925 — 175. 
The  city  may  cause  streets  and  alleys  tobe  opened,  leveled, graded, 
regraded,  graveled,  regraveled,  macadamized,  paved  and  repaved 
with  stone,  wood  or  other  material  or  improved  in  any  other  man¬ 
ner,  and  may  cause  such  streets  and  alleys  to  be  swept,  sprinkled 
and  cleaned ;  but  no  street  shall  be  graded,  graveled,  paved, 
macadamized  or  improved,  where  the  expense  exceeds  five  hun¬ 
dred  dollars,  except  upon  the  vote  of  twoThirds  of  the  members 
of  the  council  elect.  The  expense  of  such  work  or  improvement 
may  be  paid  in  whole  or  in  part  by  the  city  or  by  the  property 
to  be  benefited  thereby  as  the  council  shall  direct,  but  in  no  case 
shall  the  amount  assessed  to  any  parcel  of  real  estate  exceed  the 
benefit  accruing  thereto  bv  such  improvement,  except  in  case  of 
sidewalks ;  provided,  that  where  work  is  ordered  to  be  done  and 
the  expense  thereof  is  made  chargeable  to  particular  property  the 
city  shall  in  no  case  be  responsible  for  the  payment  therefor  ex¬ 
cept  in  cases  where  the  cost  of  the  improvement  exceeds  the  ben¬ 
efits.  ■ '  : 

See  chap.  77,  Laws  of  1903,  relating  to  the  improvement  of  portions 
of  streets  for  park  purposes. 

Improvements  upon  petition.  Section  925 — 176.  In  any 

city  whenever  the  owners  of  more  than  one-half  of  the  frontage 
of  the  lots  upon  that  part  of  any  street  proposed  to  be  improved 
shall  petition  the  common  council  to  improve  such  street  or  part 
of  street  by  stone  paving,  macadam  or  otherwise  as  set  forth,  to 
be  made  in  such  manner  as  shall  be  fully  specified  by  the  city 
surveyor  and  approved  by  the  mayor,  and  upon  advertisement 
setting  forth  clearly  such  specifications,  such  city  may  contract 
for  such  work  to  be  done  by  the  lowest  responsible  bidder  if 
deemed  reasonable  in  cost,  or  in  case  of  macadam  it  may  have 
the  work  done  by  men  in  the  employ  of  the  city  ;  provided,  that 
such  improvement,  unless  made  connect  with  streets  some¬ 
what  similarly  improved,  shall  be  made  to  extend  upon  such 
street  not  less  than  the  length  or  width  of  three  blocks  of  lots  and 
the  street  crossings  between.  The  cost  of  such  improvement 
when  made  shall  be  assessed  to  the  respective  owners  of  the  lots 
fronting  on  such  street  in  the  ratio  of  each  owner’s  number  of 


MADISON  CITY  CHARTER. 


129 


feet  front  to  the  entire  length  of  such  improvement,  exclusive  of 
street  crossings,  which  shall  be  chargeable  to  the  city  as  its  pro¬ 
portion  of  expense,  and  such  crossings  shall  be  made  to  conform 
with  the  street  so  improved.  The  word  street  as  herein  used  may 
be  construed  to  mean  two  or  more  streets  when  the  whole  taken 
together  would  form  one  continuous  drive. 

Chap.  108,  Laws  of  1903,  amending  section  925 — 176,  and  adding  a 
new  section,  925 — 176a,  omitted,  said  chapter  being  applicable  to  cities 
of  the  fourth  class. 

Crosswalks,  expense  of.  Section  925 — 177.  The  expense 
of  all  crosswalks  at  the  intersection  of  streets  or  alleys  and  across 
public  grounds  shall  be  paid  by  the  city  at  large  or  the  proper 
ward.  The  expense  of  maintenance,  relaying,  keeping  in  repair 
and  cleaning  of  streets,  in  all  cases  where  the  streets  shall  have 
been  constructed  to  the  established  grade  and  graveled,  planked, 
macadamized  or  paved  as  required  by  the  council,  shall  be  paid 
out  of  the  general  fund  of  the  city  or  the  ward  fund  of  the  proper 
ward. 

Damages  for  change  of  grade.  Section  925 — 178.  Before 
the  council  shall  change  or  alter  any  established  grade  or  order 
any  work  to  be  done  on  any  street  at  the  expense  of  the  real  estate 
to  be  benefited  thereby,  it  shall  order  the  board  of  public  works 
or  if  there  be  no  such  board,  the  officer  or  officers  designated  to 
discharge  its  duties,  to  view  the  premises  and  determine  the 
damages  and  benefits  which  will  accrue  to  each  parcel  of  real 
estate  by  such  change  or  alteration  of  grade;  the  entire  cost  of 
the  contemplated  work  or  improvement  upon  the  street,  the  bene¬ 
fits  and  damages  that  will  accrue  the  several  parcels  of  real 
estate  thereby,  and  the  amount  that  should  be  assessed  under  the 
provisions  of  this  sub-chapter  to  each  parcel  of  such  real  estate 
as  benefits  accruing  thereto  by  such  contemplated  work  or  im¬ 
provement. 

See  chapter  77,  Laws  of  1903,  relating  to  assessment  of  damages  and 
benefits. 


9 


180 


MADISON  CITY  CHARTER. 


Report.  Section  925 — 119.  Said  board  shall  make  and  file 
in  their  office  a  report  showing  their  determination  on  the  ques¬ 
tions  required  to  he  considered  by  them  under  the  provisions  of 
the  preceding  section. 

Notice  of  assessment  of  damages;  final  report.  Section  925 — 
180.  Notice  shall  he  given  by  the  hoard  of  public  works,  by 
publication  in  the  official  newspaper  of  the  city  at  least,  once  in 
each  week  for  two  successive  weeks,  that  such  report  is  open  for 
review  at  their  office  and  will  be  so  continued  for  the  space  of 
twenty  days  after  the  date  of  such  notice,  and  that  on  a  day 
named  therein,  which  shall  be  not  more  than1  three  days  after  the 
expiration  of  said  twenty  days,  said  board  will  be  in  session  to 
hear  all  objections  that  may  be  made  to  such  report.  No  irregu¬ 
larity  in  the  form  of  such  report  nor  of  said  notice  shall  affectj 
its  validity  if  it  fairly  contains  the  information  required  to  be 
conveyed  thereby.  At  the  time  specified  for  hearing  objections 
to  said  report  said  board  shall  hear  all  parties  interested  who  may 
appear  for  that  purpose,  reduce  to  writing  all  objections  that  may 
be  made  and  all  evidence  that  may  be  offered  to  sustain  the 
same,  and  may  review,  modify  and  correct  said  report  as  they 
deem  just;  and  thereupon  a  complete  and  final  report  shall  be 
made  and  filed  by  said  board  with  the  city  clerk,  together  with 
all  objections  and  evidence  taken  before  them  to  sustain  the 
same,  and  proof  of  publication  of  said  notice;  but  no  irregularity 
in  the  form  of  said  report  or  manner  of  conducting  the  proceed¬ 
ings  by  said  board  shall  affect  the  legality  of  said  report.  At 
such  hearing  any  member  of  the  board  may  administer  such  oaths 
as  may  be  necessary  in  conducting  it. 

Action  on  report.  Section  925—181.  The  city  clerk  shall 
publish  a  notice  in  the  official  paper  at  least  once  that  the  said 
report  is  on  file  in  his  office  and  that:  the  common  council  will, 
at  a  meeting  to  be  held  at  the  time  stated  in  the  notice,  consider 
the  said  report  and  hear  all  objections  which  may  be  made  there¬ 
to,  and  determine  what  portion  of  the  cost  of  the  improvement,  if 
any,  shall  be  paid  by  the  city  at  large.  At  least  one  week  shall 
intervene  between  the  first  publication  of  such  notice  and  the 
said  meeting.  The  council  may  at  such  meeting,  or  at  an  ad- 


MADISON  CITY  CHARTER. 


131 


journal  meeting,  confirm  or  correct  such  report  or  refer  it  hack 
to  the  board  for  further  consideration. 

Assessment  of  benefits.  Section  925 — 182.  Subject  to  the 
limitations  hereinbefore  mentioned  the  council  may  determine 
the  amount  to  be  paid  by  the  real  estate  as  benefits  on  account  of 
the  improvement  of  a  street  and  the  amount  that  shall  be  paid 
by  the  city  at  large,  or  the  ward  fund  of  the  wards  in  which  said 
improvement  is  made. 

i 

Notice  of  final  determination.  Section  925 — 183.  When  a 
final  determination  shall  have  been  reached  by  the  council  the 
city  clerk  shall  publish  notice  in  the  official  paper  of  the  city 
once  in  each  week  for  two  successive  weeks  that  a  final  determina¬ 
tion  has  been  made  as  to  the  damages  that  will  accrue  to  the 
real  estate  in  case  of  the  charge  of  an  established  grade,  or  the 
benefits  and  damages  to  be  assessed  to  the  real  estate  in  case  of  a 
propose  d  i m  pro  vemenf . 

Remedy  of  land-owner.  Section  925 — 184.  If  the  owner 
of  any  parcel  of  land  mentioned  in  said  notice  feels  himself  ag¬ 
grieved  by  reason  of  the  determination  made  by  the  council  he 
may,  within  twenty  days  after  the  date  of  such  determination, 
appeal  therefrom  to  the  circuit  court,  and  such  appeal  shall  be 
taken,  tried  and  determined  and  bonds  for  costs  shall  be  given 
and  costs  awarded  in  like  manner  as  in  case  of  appeals  from  the 
disallowance  of  claims  under  this  chapter;  provided,  that  in 
case  any  contract  shall  have  been  made  for  making  the  improve¬ 
ments  said  appeal  shall  not  affect  said  contract,  but  a  certificate 
against  the  lot  in  question  for  the  amount  of  benefits  assessed 
to  such  lot  shall  be  issued  notwithstanding  such  appeal ;  and  in 
case  the  appellant  shall  succeed  the  difference  between  the 
amount  charged  in  the  certificate  so  issued  and  the  amount  ad¬ 
judged  to  be  paid  as  benefits  accruing  to  the  parcel  of  real  estate 
described  in  such  certificate  shall  be  paid  by  the  city  at  large  or 
out  of  the  ward  fund  as  the  council  may  direct. 

fj 


Remedy  exclusive.  Section  925 — 185.  The  appeal  given 
by  the  last  section  from  the  report  of  the  board  of  public  works 


132 


MADISON  CITY  CHARTER. 


as  confirmed  by  the  council  shall  be  the  only  remedy  of  the  owner 
of  any  parcel  of  land  or  of  any  person  interested  therein  af¬ 
fected  by  said  improvement  for  the  redress  of  any  grievance  he 
may  have  by  reason  of  the  making  of  such  improvement  or  of 
the  change  of  any  established  grade  covered  by  said  report. 

Bids,  advertisement  for;  contract.  Section  925 — 186.  When 

any  of  the  works  before  mentioned  shall  have  been  ordered  to  be 
done  and  the  plans  for  the  same,  containing  a  description  of  the 
work,  the  materials  to  be  used  and  such  other  matters  as  will 
give  an  intelligent  idea  of  the  work  required,  shall  have  been 
filed  with  the  city  clerk,  where  the  same  can  he  inspected  by  per¬ 
sons  desiring  to  bid  on  such  work,  the  board  of  public  works  shall 
advertise  in  the  official  paper  of  the  city  for  bids  for  doing  such 
work  for  such  length  of  time  as  it  may  think  the  interest  of  the 
city  demands,  not  less  than  once  a  week  for  four  successive 
weeks.  The  board  shall  prepare,  or  cause  to  be  prepared,  a 
printed  form  for  the  contract,  with  sureties  required,  and  fur¬ 
nish  the  same  to  all  persons  desiring  to  bid,  and  shall  not  con¬ 
sider  any  bid  unless  accompanied  by  a  contract  with  sureties  as 
prescribed  by  the  form  so  furnished,  completed,  with  the  excep¬ 
tion  of  the  signatures  on  the  part  of  the  city.  The  notice  pub¬ 
lished  shall  inform  bidders  fully  of  this  requirement,  ifio 
special  assessment  or  certificate  thereof  or  tax-sale  certificate 
based  thereon  shall  be  held  to  be  invalid  for  the  reason  than  anv 

ij 

contract  which  has  been  heretofore  or  may  hereafter  be  let  con¬ 
tains,  on  the  part  of  the  contractor,  a  guaranty  or  any  provision 
to  keep  the  work  done  under  such  contract  in  good  order  or  re¬ 
pair  for  a  limited  number  of  years  when  such  guaranty  or  pro¬ 
vision  was  inserted  therein  for  the  purpose  of  insuring  the 
proper  performance  of  such  work  in  the  first  instance.  All  such 
provisions  in  contracts  for  doing  public  work,  inserted  for  the 
purpose  aforesaid,  are  hereby  legalized,  and  all  sncli  provisions 
shall  be  deemed  prima  facie  to  have  been  inserted  for  that  pur¬ 
pose,  unless  the  time  during  which  the  contractor  is  required  to 
keep  the  work  in  good  order  or  repair  shall  exceed  five  years. 


Rejection  of  bids.  Section  925 — 187.  The  board  of  public 
works  shall  have  power  to  reject  any  and  all  bids  if,  in  their 


MADISON  CITY  CHARTER. 


133 


opinion,  any  combination  lias  been  entered  into  to  prevent  free 
competition ;  otherwise  the  contract  shall  be  let  as  prescribed  in 
the  sub-chapter  entitled  “Board  of  public  works.” 

Certificate  to  contractor.  Section  925 — 188.  Whenever 
any  work  has  been  done  under  contract  as  provided  in  this  sub- 
chapter  and  the  same  shall  have  been  approved  by  the  board  of 
public  works,  the  contractor  shall  be  entitled  to  a  certificate 
therefor  as  to  each  parcel  of  land  against  which  benefits  shall 
have  been  assessed  for  the  amount  chargeable  thereto.  Said 
certificate  shall  be  in  such  form  as  the  board  may  prescribe. 
The  amount  chargeable  to  the  city  shall  be  paid  as  the  contract 
for  the  work  may  provide. 

Conclnsiveness  of  certificate;  payment  of.  Section  925 — 189. 
After  the  expiration  of  nine  months  from  the  date  of  said  certifi¬ 
cate  the  same  shall  be  conclusive  evidence  of  the  legality  of  all 
proceedings  up  to  and  inclusive  of  the  issue  thereof,  and  it  may 
be  transferred  by  indorsement  ;  provided,  however,  that  this 
shall  not  affect  any  appeal  from  the  report  of  the  board  of  public 
works  as  confirmed  by  the  council.  If  said  certificates  are  not 
paid  before  the  making  out  of  the  next  roll  tax  the  same  may  be 
filed  with  the  comptroller  in  cities  of  the  first  class  and  with 
the  city  clerk  in  all  other  cities,  and  when  so  filed  the  com  pa¬ 
troller’s  statement  -of  special  assessments  to  be  placed  in  the  next 
tax  roll  shall  include  an  amount  sufficient  to  pay  said  certifi¬ 
cates,  with  interest  thereon  at  the  legal  rate  from  the  date  of 
such  certificates  to  the  time  when  the  city  treasurer  is  required 
to  make  return  of  delinquent  taxes,  and  thereafter  the  same  pro¬ 
ceedings  shall  be  had  as  in  case  of  other  taxes,  except  that  all 
moneys  collected  by  the  city  treasurer  and  all  moneys  collected 
by  the  county  treasurer  on  account  of  such  taxes,  and  all  the  tax 
certificates  issued  to  the  county  on  the  sale  of  the  property  for 
such  tax,  if  the  same  is  returned  delinquent,  shall  be  delivered  to 
the  owner  of  the  same  on  demand. 


Payment  for  work.  Section  925 — 190.  When  a  contract  is 
let  for  doing  any  work  specified  herein,  and  such  work  is  charge¬ 
able  to  the  real  estate  tx>  be  benefited,  it  may  provide  that  the 


134 


MADISON  CITY  CHARTER. 


amount  so  chargeable  may  be  paid  with  certificates  against  the 
lots  or  in  special  improvement  bonds,  or  the  proceeds  of  the 
sale  of  such  bonds,  or  that  payment  may  be  in  part  made  in  cer¬ 
tificates,  part  in  cash  and  part  in  special  improvement  bonds  or 
the  proceeds  thereof. 


Notice  concerning  bonds.  Section  925 — 191.  As  soon  as 
the  amount  chargeable  to  the  real  estate  is  finally  determined  the 
council  may  cause  a  notice  to  be  published  in  the  official  paper 
substantially  in  the  following  form : 


CITY  IMPROVEMENT  NOTICE. 

Hotice  is  hereby  given  that  a  contract  has  been  (or  is  about 

to,  be)  let  for . (describe  the  work  and  street)  and  that 

the  expense  of  said  improvement  chargeable  to  the  real  estate 
has  been  determined  as  to  each  parcel  of  said  real  estate,  and  a 
statement  of  the  same  is  on  file  with  the  city  clerk.  It  is  pro¬ 
posed  to  issue  bonds  chargeable  only  to  the  real  estate  to  pay 
the  special  assessments,  and  such  bonds  will  be  issued  covering 
all  of  said  assessments  except  in  cases  where  the  owners  of  the 
property  file  with  the  city  clerk,  within  thirty  days  after  the 
date  hereof,  a,  written  notice  that  they  elect  to  pay  the  special 
assessments  or  a  part  thereof  on  their  property,  describing  the 
same,  on  presentation  of  the  certificates. 

Issue  and  execution  of  bonds.  Section  925 — 192.  After  the 
expiration  of  said  thirty  days  the  council  may  issue  special  im¬ 
provement  bonds  covering  all  of  the  assessments  except  such  as 
the  owners  have  filed  notices  of  election  to  pay  as  provided  in  the 
preceding  section.  Said  bonds  shall  be  signed  by  the  mayor  and 
clerk,  be  sealed  with  the  corporate  seal  of  the  city,  and  contain 
such  recitals  as  may  be  necessary  to  show  that  they  are  charge¬ 
able  only  to  particular  property,  specifying  the  same,  and  the 
number  and  amount  of  said  bonds,  and  such  other  provisions  as 
the  council  shall  think  proper  to1  insert;  such  bonds  shall  in  no 
event  be  a  general  city  liability. 

o  fj  «y 


MADISON  CITY  CHARTER. 


135 


Terms  and  sale  of  bonds.  Section  925 — 193.  (As  amended 
by  chapter  1 32,  Laws  of  1899.)  Said  bonds  may  be  annual  or 
semi-annual  interest  coupon  bonds  or  registered  bonds  without 
interest  coupons  as  the  common  council  may  direct,  the  total 
issue  in  each  case  shall  be  payable  in  annual  installments  for  a 
period  not  exceeding  ten  years  from  the  date  of  issue,  and  shall 
draw  interest  at  a  rate  not  exceeding  six  per  cent,  per  annum, 
interest  payable  annually  or  semi-annually  as  the  common  coun¬ 
cil  may  direct ;  such  bonds  may  be  of  such  denomination  as  the 
common  council  shall  determine  and  shall  be  sold  at  not  less  than 
par.  The  proceeds  of  the  sale  of  such  bonds  shall  be  credited 
by  the  city  treasurer  to  the  special  fund  for  the  improvement  of 
such  street  or  streets,  and  may  be  paid  to  the  contractor  for  such 
work  when  payment  is  due  him  and  the  council  shall  so  direct,  or 
the  contractor  may  take  such  bonds  as  payment  for  work  done 
with  the  permission  of  the  council. 

Record  of  assessments.  Section  925 — 194.  The  city  clerk 
shall  carefully  prepare  a  statement  of  the  special  assessments  on 
which  the  bonds  are  issued  and  record  the  same,  together  with  a 
copy  of  said  bonds,  in  his  office. 

Payment  of  bonds.  Section  925 — 195.  The  city  treasurer 
shall,  out  of  the  special  fund  hereby  created  for  that  purpose, 
pay  the  interest  on  and  the  principal  of  said  bonds  as  the  same 
become  due,  and  charge  the  same  to  said  fund. 

Collection  of  assessments — Redemption.  Section  925 — 196. 
In  each  year  after  the  issuing  of  said  bonds,  until  all  of  them  are 
paid,  when  the  tax  roll  for  the  year  is  prepared  sufficient  of  the 
special  assessment  on  each  parcel  of  land  covered  by  said  bonds 
to  pay  the  annual  installment  of  the  principal  and  the  interest 
on  the  amount  of  said  special  assessment  then  unpaid  shall  be 
extended  on  the  tax  roll  as  a  special  tax  on  said  property,  and 
thereafter  this  tax  shall  be  treated  in  all  respects  as  any  other 
city  tax,  and  when  collected  the  same  shall  be  a,  special  fund 
for  the  payment  of  such  bonds  and  interest,  and  shall  be  used  for 
no  other  purpose.  Any  bond  holder  or  bond  holders  may  redeem 
from  any  tax  sale,  as  fully  as  if  owners  of  the  land,  under  sec¬ 
tion  1165. 


136 


MADISON  CITY  CHARTED. 


Limitation  of  actions.  Section  925 — 197.  Every  action  or 
proceeding  to  avoid  any  of  the  special  assessments  or  taxes  levied 
pursuant  to  the  same,  or  to  restrain  the  levy  of  such  taxes  or 
the  sale  of  lands  for  the  non-payment  of  such  taxes,  shall  be 
brought  within  nine  months  from  the  end  of  the  period  of 
thirty  days  limited  by  the  city  improvement  notice  provided  for 
by  section  925 — 191,  and  not  thereafter.  This  limitation  shall 
cure  all  defects  in  the  proceedings,  and  defects  of  power  on  the 
part  of  the  officers  making  the  assessment,  except  in  cases  where 
the  lands  are  not  liable  to  the  assessment,  or  the  city  has  no  power 
to  make  any  such  assessment,  or  the  amount  of  the  assessment  has 
been  paid  or  a  redemption  made. 

Foreclosure  of  bonds;  procedure;  lis  pendens.  Section  925 — 
197a.  The  special  improvement  bonds  herein  mentioned  shall 
be  a  lien  against  all  lots,  parts  of  lots,  or  parcels  of  land  against 
which  special  assessments  have  been  made,  which  liens  shall 
take  precedence  of  all  other  claims  or  liens  thereon,  and  when 
issued  shall  transfer  to  the  holders  thereof  all  the  right,  title 
and  interest  of  such  city  in  and  to  the  assessment  made  on  ac¬ 
count  of  the  improvement  mentioned  therein  and  the  liens 
thereby  created,  with  full  power  to  enforce  the  collection  thereof 
by  foreclosure  in  the  manner  mortgages  on  real  estate  are  fore¬ 
closed;  but  the  time  of  redemption  therefrom;  shall  be  fixed  by 
the  court.,  and  a  copy  of  the  bond  foreclosed  may  be  filed  as  a 
part  of  the  judgment  roll  in  said  action  in  lieu  of  the  original 
thereof.  If  within  ninety  days  after  the  commencement  of  the 
annual  sale  of  land  for  taxes  the  amount  to  pay  any  installment 
of  principle  or  interest  shall  not  have  been,  collected  by  the  city, 
the  owner  or  owners  of  at  least  one-third  in  par  value  of  the 
bonds  issued  on  any  single  improvement  may  proceed  in  his  or 
their  own  names  to  collect  the  same  by  foreclosure  thereof,  and 
shall  recover,  in  addition  to  the  amount  of  said  bonds  and  in¬ 
terest,  all  costs  against  the  property  of  the  party  or  parties  in 
default. ;  provided,  however,  that  the  owner  of  any  property  cov¬ 
ered  by  such  bonds,  or  the  holder  of  a,  lien:  thereon  or  other  per¬ 
son  interested  in  the  property  may  redeem  the  same  at  any  time 
before  judgment  by  paying  to  the  county  clerk  the  amount  due 
against  such  property,  together  with  ten  per  cent,  additional 


MADISON  CITY  CHARTER. 


137 


thereon,  which  shall  be  in  full  for  all  costs  chargeable  to  such 
property  in  such  action.  Any  number  of  the  holders  of  such 
bonds  for  any  single  improvement  may  join  as  plaintiffs  in  any 
such  action,  and  any  number  of  the  owners  of  or  other  persons 
interested  in  the  property  covered  by  the  assessment  upon  which 
such  bonds  are  issued  and  on  which  they  are  a  lien  may  be  joined 
as  defendants  in  any  such  action ;  and  in  case  more  than  one  ac¬ 
tion  of  foreclosure  shall  be  commenced  upon  the  bonds  issued  on 
account  of  a  single  improvement  such  actions  may  be  consoli¬ 
dated.  Any  holders  of  bonds  for  the  same  improvement  who 
do  not  join  as  plaintiffs  may  be  made  defendants  and  their  rights 
adjudicated  in  the  action.  Shell  bonds  shall  be  equal  liens  upon 
the  property  for  the  assessments  represented  by  them,  with¬ 
out  priority  one  over  another,  to  the  extent  of  the  sev¬ 
eral  assessments  against  the  lots  and  parcels  of  land  against 
which  the  special  assessments  shall  have  been  made.  Upon  the 
commencement  of  any  such  action  the  plaintiff  shall  cause  a 
notice  thereof  to  be  filed  in  the  offices,  of  the  county  clerk  and 
county  treasurer,  designating  the  particular  property  affected  by 
such  foreclosure ;  and  thereafter  no  redemption  of  any  such  prop¬ 
erty  from  such  assessments  shall  be  had  without  payment  of  all 
costs  theretofore  accrued  in  such  action  except  as  hereinbefore 
provided. 


ORDINANCE  NO.  1312. 

An  Ordinance  to  amend  the  charter  of  the  city  of  Madison  so 

«/ 

as  to  authorize  the  regulation  by  the  common  council  of  the 
price  of  light  furnished  to  the  city  and  to  the  inhabitants 
thereof. 

The  common  council  of  the  city  of  Madison  do  ordain  as  fol¬ 
lows: 

Section  1.  Subdivision  34  of  section  925 — 52  of  chapter 
40a  of  the  revised  statutes  of  Wisconsin  for  1898,  which  sub¬ 
division  reads  as  follows: 

“34.  To  provide  for  lighting  the  streets,  public  grounds  and 


138 


MADISON  CITY  CHARTER. 


buildings  with  gas  or  otherwise,  and  for  furnishing  light  to  the 
inhabitants  of  such  city  upon  such  terms  as  may  be  provided  by 
ordinance;  and  for  such  purpose  may  own  and  operate  its  own 
lighting  plant,  or  contract  by  ordinance  or  otherwise  with  any 
person,  persons,  company  or  corporation  for  a  term  not  exceed¬ 
ing  ten  years  at  one  time,  at  such  price,  on  such  terms  and  sub¬ 
ject  to  such  limitations  as  may  be  prescribed  by  such  ordinance 
or  contract  ;  provided,  that  the  foregoing  provision  for  furnish¬ 
ing  light  to  the  inhabitants  shall  not  apply  to  cities  of  the  first 
class,”  is  hereby  adopted  as  an  amendment  to  the  charter  of  the 
city  of  Madison. 

Section  2.  This  ordinance  shall  take  effect  on  and  after  its 
passage  and  publication. 

Approved  April  11,  1904. 

J.  W.  Groves, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed 
by  the  common  council  of  the  city  of  Madison  on  the  8th  day  of 
April,  1904. 

O.  S.  Norsman, 

City  Clerk. 


ORDINANCE!  NO.  1313. 

An  Ordinance  to  adopt  subchapter  XI  of  chapter  40a  of  the 
revised  statutes  of  Wisconsin  of  1898,  being  sub-sections  78 
to  94,  inclusive,  of  section  925  of  said  statutes,  relating  to  the 
board  of  public  works. 

The  common  council  of  the  city  of  Madison  do  ordain: 

Section  1.  That  sub-chapter  XI  of  section  40a  of  the  re¬ 
vised  statutes  of  Wisconsin  of  1898,  being  sub-sections  78  to 
94,  inclusive,  of  section,  925  of  said  statutes,  relating  to  the 
board  of  public  works,  is  hereby  adopted  as  an  amendment  to 
the  special  charter  of  the  city  of  Madison,  said  sub-chapter  XI 
being  as  follows,  to-wit: 


MADISON  CITY  CHARTER. 


139 


Chapter  XI. — The  Board  of  Public  Works. 

Organization  and  terms.  Section  925 — 78.  There  shall 
be  a  department  known  as  the  hoard  of  public  works  to  consist 
of  three  commissioners.  In  cities  of  the  first  and  second  classes 
the  commissioners  shall  he  appointed  by  the  mayor  and  con¬ 
firmed  by  the  council  at  their  first  regular  meet  inn  or  as  soon 
thereafter  as  may  be.  The  members  of  the  first  board  shall 
hold  their  offices  one,  two  and  three  years  respectively,  and 
thereafter  for  three  years  or  until  their  successors  are  qualified. 
In  all  other  cities  the  board  shall  consist  of  the  city  attorney, 
city  comptroller  and  city  engineer  or  surveyor  ;  provided,  that 
the  council,  by  a  two-tliircls  vote,  may  determine  that  the  board 
of  public  works  shall  consist  of  other  public  officers  or  persons 
and  provide  for  the  election  or  appointment  of  the  members 
thereof,  or  it  may,  by  a  like  vote,  dispense  with  such  board,  in 
which  case  its  duties  and  powers  shall  be  exercised  by  the  coun¬ 
cil  or  a  committee  thereof,  or  by  such  officers  or  boards  as  the 

/  «/ 

council  shall  designate. 

Officers.  Section  925 — 79.  The  members  of  the  board  of 
public  works  shall,  on  the  first  Tuesday  in  May  of  each  year, 
choose  a  president  of  the  board  from  their  number,  and  in  cities 
of  the  first  class  a  secretary;  and  in  other  cities,  the  city  clerk 
shall  be  the  secretary  of  the  board  by  virtue  of  his  office. 

City  engineer.  Section  925 — 80.  In  cities  of  the  first 
class  the  mayor  with  the  approval  of  the  council  shall  appoint 
some  competent  person  as  engineer,  wffiose  term  of  office  shall 
continue  for  one  year  and  until  his  successor  is  qualified 
unless  he  shall  be  sooner  removed  for  cause.  The  engi¬ 
neer  shall  keep  his  office  in  some  convenient  place  to  be 
designated  by  the  council,  and  it  shall  be  his  duty  to  do  all 
engineering  work  required  by  said  council  or  the  board  of  public 
works.  He  shall  possess  the  same  powers  to  make  surveys  and 
plats  within  the  city  as  county  surveyors ;  and  like  validity  and 
effect  shall  be  given  to  his  acts  and  to  all  plats  and  surveys  made 
by  him  as  are  or  may  be  given  to  the  acts,  plats  and  surveys  of 
county  surveyors. 


140 


MADISON  CITY  CHARTER. 


Engineer’s  records  and  report.  Section  925 — 81.  In 

cities  of  the  first  class  the  engineer  shall  keep  on  file  in  his  office, 
and  in  all  other  cities  in  the  office  of  the  city  clerk,  a  record  of 
all  his  official  acts  and  doings  and  also  a  copy  of  all  plats  of 
lots,  blocks  and  sewers  embraced  within  the  city  limits,  all 
profiles  of  streets,  alleys  and  sewers  and  of  the  grades  thereof, 
and  of  all  drafts  and  plans  relating  to  bridges  and  harbors,  and 
of  any  buildings  belonging  to  the  city ;  and  shall  at  the  same 
place  keep  a  record  of  the  location  of  all  bench  marks  and  perma¬ 
nent  corner  stakes  from  which  subsequent  surveys  shall  be 
started ;  which  said  records  and  document  shall  be  the  property 
of  the  city  and  open,  to  the  inspection  of  parties  interested,  and 
shall  be  delivered  over  by  said  engineer  to  his  successor  or  to  the 
board  of  public  works.  In  cities  of  the  first  class  on  the  last 
Tuesday  in  March  of  each  year,  and  in  all  other  cities  whenever 
requested,  the  engineer  shall  make  a  report  of  all  doings  of  his 
department  to.  the  board  of  public  works. 


Compensation  of  board.  Section  925 — 82.  The  commis¬ 
sioners  of  public  works  in  cities  of  the  first  class  shall  be  each 
paid  an  annual  salary  to  be  fixed  by  the  council  before  their 
appointment  and  at  the  time  other  salaries  are  fixed  under  this 
chapter;  in  all  other  cities  the  salaries  of  the  attorney,  comp¬ 
troller  and  engineer  respectively  shall  be  in  full  for  their  services 
as  members  of  such  board. 

Oath  and  bond  in  cities  of  first  class.  Section  925 — 
83.  In  cities  of  the  first  class  each  member  of  the  board  of 
public  works  shall,  before  entering  upon  the  duties  of  his  office, 
take  an  oath  of  office  and  file  the  same  in  the  office  of  the  city 
clerk,  and  give  a  bond  to  the  city  with  sufficient  sureties,  in 
such  form  and  sum  as  the  council  may  direct,  for  the  faithful 
performance  of  his  duties. 

Rules  for  board.  Section  925 — 84.  The  council  may 
make  such  rules  from  time  to  time  as  they  may  deem  proper,  not 
contravening  any  of  the  provisions  of  this  chapter,  for  the  gov¬ 
ernment  of  the  hoard  of  public  works  and  the  manner  in  which 
the  business  of  said  board  shall  he  conducted. 


MADISON  CITY  CHARTER. 


141 


Quorum ;  record;  report.  Section  925 — 85.  A  majority 
of  the  board  shall  constitute  a  quorum  for  doing’  business.  They 
shall  keep  a  record  of  all  their  proceedings,  which  shall  be  open 
at  all  reasonable  times  to  the  inspection  of  any  elector  of  such 
city,  and  shall  make  a  report  to*  the  council  on  or  before  the  first 
day  of  March  in  each  year,  and  of  tenor  if  required. 

Duties.  Section  925 — 86.  It  shall  be  the  duty  of  the 
board,  under  the  direction  of  the  council,  to  superintendent  all 
public  works  and  keep  the  streets,  alleys,  sewers  and  public  works 
and  places  in  repair. 

Care  of  school  buildings.  Section  925 — 87.  In  cities 
of  the  first  and  second  classes  all  repairs  and  alterations  of  school 
buildings  and  premises  shall  be  under  the  charge  of  the  board 
of  public  works,  and  in  other  cities  under  the  charge  of  the  board 
of  education ;  but  such  repairs  or  alterations,  except  ordinary 
repairs  costing  not  more  than  two  hundred  dollars,  shall  first  be 
approved  by  the  council. 

Use  of  streets.  Section  925 — 88.  Ho  building  shall  be 

o 

moved  through  the  streets  or  any  obstruction  be  placed  therein 
without  a  written  permit  therefor  granted  by  the  board  of  public 
works ;  said  board  shall  determine  the  time  and  manner  of  using 
the  streets  for  laying  or  changing  water  or  gas  pipes,  or  placing 
and  maintaining  electric  light,  telegraph  and  telephone  poles 
therein ;  provided  that  its  decision  in  this  regard  may  he  re¬ 
viewed  by  the  council. 

Repair  of  streets.  Section  925 — 89.  In  case  any  cor¬ 
poration  or  individual  shall  neglect  to  repair  or  restore  to  its 
former  condition  any  street,  alley  or  sidewalk  excavated,  altered 
or  taken  up,  within  the  time  and  in  the  manner  directed  by  the 
board,  said  board  shall  cause  the  same  to  be  done  at  the  expense 
of  said  corporation  or  individual.  The  expense  thereof,  when 
chargeable  to  a  lot  owner,  shall  be  certified  to  the  city  clerk  bv 
the  board,  and  if  not  paid  shall  be  carried  into  the  tax  roll  as 
a  special  tax  against  the  lot. 


MADISON  CITY  CHARTER. 


142 


Contracts,  how  let.  Section  925 — 90.  All  public  works, 
the  estimated  cost  of  which  shall  exceed  two  hundred  dollars, 
shall  he  let  by  contract  to  the  lowest  responsible  bidder;  all 
other  public  works  shall  be  let  as  the  council  may  direct.  When 
the  work  is  directed  to  be  let  to  the  lowest  responsible  bidder  or 
is  required  to  be  so  let  under  the  provisions  of  this  section,  the 
board  of  public  works  or  such  officers  as  shall  be  designated  to 
discharge  its  duties  shall  advertise  for  proposals  by  publishing 
a  notice  in  the  official  newspaper  at  least  once  in  each  week  for 
at  least  two  successive  weeks.  Before  such  proposals  are  adver¬ 
tised  for  a  profile  of  the  work  to  be  done,  together  with  the 
specifications,  shall  be  placed  on  file  for  the  inspection  of  bid¬ 
ders,  and  a  form  of  contract  with  sureties,  as  the  same  will  be 
required  to  be  executed  by  bidders,  shall  be  prepared  and  a  copy 
of  the  same  furnished  to  any  person  desiring  to  bid  on  the  work. 
No  bid  shall  be  received  when  not  accompanied  by  a  bond  with 
sureties  executed  on  the  part  of  the  bidder,  and  such  sureties, 
which  sureties  shall  justify  as  to  their  responsibility  and  by 
their  several  affidavits  show  that  they  are  worth  in  the  aggregate 
at  least  the  amount  mentioned  in  the  contract  in  property  not 
by  law  exempt  from  execution ;  provided,  that  a  certified  check 
in  amount  equal  to  five  per  cent  of  the  bid,  and  a  provision  in 
the  contract  for  the  retention  by  the  city  of  twenty -per  cent,  of 
the  estimates  made  from  time  to  time,  may  be  accepted  in  place 
of  sureties.  The  power  to  reject  any  and  all  bids  shall  be 
deemed  to  exist  unless  expressly  waived.  When  no  proper  bids 
shall  be  received  for  anv  such  work  the  council,  by  a  two-thirds 
vote  of  all  its  members,  mav  direct  that  such  work  be  done 
under  the  supervision  of  such  officer  or  officers  as  it  shall 
designate. 


Incompetent  bidders.  Section  925 — 91.  Whenever  any 
bidder  shall  be,  in  the  judgment  of  said  board,  incompetent  or 
otherwise  unreliable  for  the  performance  of  the  work  on  which 
he  bids,  the  board  shall  report  to  the  council  a  schedule  of  all 
the  bids  for  such  work,  together  with  their  recommendation  to 
accept  the  bid  of  the  lowest  responsible  bidder,  with  their  rea¬ 
sons  ;  and  thereupon  the  council  may  direct  said  board  either  to 
let  the  work  to  such  competent  and  reliable  bidder  or  to  re- 


MADISON  CITY  CHARTED. 


143 


advertise  the  same ;  and  the  failure  to  let  such  contract  to  the 
lowest  bidder  in  compliance  with  this  provision  shall  not  invali¬ 
date  such  contract  or  any  special  assessment  made  to  pay  the 
liability  incurred  thereunder. 

Duty  and  liability  of  contractor.  Section  925 — 92.  All 

contractors  doing  any  work  which  shall  in  any  manner  ob¬ 
struct  the  streets  or  sidewalk  shall  put  up  and  maintain  harriers 
and  lights  to  prevent  accidents,  and  be  liable  for  all  damages 
caused  by  failure  so  to  do.  All  contracts  shall  contain  a  pro¬ 
vision  covering  this  liability,  and  also  a  provision  making  the 
contractor  liable  for  all  damages  caused  by  the  negligent  digging 
up  of  streets,  alleys  or  public  grounds,  or  which  may  result  from 
his  carelessness  in  the  prosecution  of  such  work. 

Contracts,  how  executed.  Section  925 — 93.  All  con¬ 
tracts  shall  be  signed  by  the  mayor  and  the  clerk  unless  other¬ 
wise  provided  by  resolution,  or  ordinance;  provided,  that  no 
contract  shall  be  executed  on  the  part  of  the  city  until  the  comp¬ 
troller  shall  have  countersigned  the  same  and  made  an  endorse¬ 
ment  thereon  showing  that  sufficient  funds  are  in  the  treasury 
to  meet  the  expense  thereof,  or  that  provision  has  been  made  to 
pay  the  liability  that  will  accrue  thereunder. 

Estimates,  deposits.  Section  925 — 94.  As  the  work  under 
any  contract  progresses,  the  board  of  public  works,  or  such 
officers  as  shall  be  designated  to  discharge  its  duties,  may,  from 
(time)  to  time  at  their  discretion,  grant  to  the  contractor  an 
estimate  of  the  amount  and  proportionate  value  of  the  work 
done,  withholding  in  all  cases  twenty  per  cent  of  said  estimate, 
which  shall  entitle  the  holder  to  receive  the  amount  thereof, 
less  such  twenty  per  cent,  from  the  proper  fund.  But  all  con¬ 
tracts  shall  contain  a  provision  authorizing  such  board,  in  case 
the  work  under  such  contract  is  not  completed  within  the  time 
required,  to  take  charge  of  the  work  and  finish  it  at  the  expense 
of  the  contractor  and  his  sureties.  In  no  case  shall  the  deposit 
herein  required  be  returned  to  a  successful  bidder  until  the 
contract  is  performed ;  but  it,  together  with  the  twenty  per  cent 
retained  as  aforesaid,  shall  he  used  in  whole  or  in  part  to  com- 


MADISON  CITY  CHARTER. 


144 


plete  the  work.  If  any  of  the  deposit  or  the  retained  twenty 
per  cent  then  remains,  it  shall  be  paid  to  such  defaulting  con¬ 
tractor. 

Section  2.  This  ordinance  shall  he  of  force  and  effect  from 
and  after  its  passage  and  publication. 

Approved  April  19,  1904. 

J.  W.  GrROVES, 

Mayor. 

Aotice  is  hereby  given  that  the  foregoing  ordinance  was 
passed  by  the  common  council  of  the  city  of  Madison,  Wiscon¬ 
sin,  on  the  19th  day  of  April,  1904. 

0.  S.  HoRSMAN, 

City  Clerk. 


145 


SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER 


SPECIAL  LAWS  AND  ORDINANCES 


AMENDING  AND  AFFECTING  THE  CHARTER  OF  THE  CITY  OF 

MADISON. 


No.  406,  A.]  [Published  April  14,  1883. 

CHAPTER  244. 

An  Act  to  detach  certain  territory  from  the  city  of  Madison  and 
make  it  a  part  of  the  town  of  Madison,  in  the  county  of 
Dane,  and  amendatory  of  section  2,  chapter  36,  of  the  laws 
of  1882. 

The  people  of  the  state  of  Wisconsin ,  represented  in  senate  and 
assembly ,  do  enact  as  follows: 

Section  1.  The  following  described  territory,  situated  in 
the  county  of  Dane,  namely:  The  west  half  (%)  of  the  south¬ 
east  quarter  (%)  and  the  east  half  (%)  of  the  southwest  quar¬ 
ter  (i/i)  of  section  twenty-two  (22),  in  township  number  seven 
(7)  north,  of  range  nine  (9)  east,  is  hereby  detached  from  the 
Fourth  ward  of  the  city  of  Madison  and  made  a  part  of  the  town 
of  Madison  for  all  purposes. 

Section  2.  Section  2  of  chapter  36  of  the  Laws  of  1882, 
in  so  far  as  the  same  conflicts  with  this  act,  is  hereby  repealed. 

Section  3.  This  act  shall  be  in  force  after  its  passage  and 
publication. 

Approved  March  31,  1883. 

10 


146  SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 


No.  518,  A.]  [Published  April  11,  1885. 

CHAPTER  362. 

An  Act  detaching  certain  property  in  the  town  of  Madison, 
Dane  county,  and  making  it  a  part  of  the  fourth  ward  of  the 
city  of  Madison  for  school  purposes  only. 

The  'people  of  the  state  of  Wisconsin ,  represented  in  senate  and 
assembly ,  do  enact  as  follows: 

Section  1.  The  property  of  Amos  Barnes,  including  his 
dwelling  house  and  not  to  exceed  ten  acres  of  land  located  in  the 
northeast  quarter  of  section  26,  town  of  Madison,  is  hereby  de¬ 
tached  and  made  a  part  of  the  fourth  ward  of  the  city  of  Madi¬ 
son,  for  school  purposes  only. 

Section  2.  This  act  shall  be  in  force  from  and  after  its 
passage  and  publication. 

Approved  April  8,  1885. 


No.  772,  A.]  [Published  April  26,  1893 

CHAPTER  234. 

An  Act  making  a  portion  of  the  town  of  Madison  a  part  of  the 
city  of  Madison,  for  school  purposes. 

The  people  of  the  state  of  Wisconsin ,  represented  in  senate  and 
assembly ,  do  enact  as  follows: 

Section  1.  All  that  part  of  section  twenty-two,  contained 
within  the  limits  of  the  town  of  Madison,  is  hereby  made  a  part 
of  the  city  of  Madison,  for  school  purposes. 

Section  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  April  17,  1893. 


SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER.  147 


No.  306,  St.]  [Published  May  5,  1893. 

CHAPTER  309. 

An  Act  to  alter  the  boundaries  of  joint  school  district  number 
five,  of  the  towns  of  Madison,  Blooming  Grove  and  Fitchburg, 
Dane  county. 

The  'people  of  the  state  of  Wisconsin ,  represented  in  senate  and 
assembly ,  do  enact  as  follows: 

Section  1.  The  following  described  territory  situated  in 
Dane  county,  commencing  five  chains  and  fifty  links  north  of  the 
east  and  west  quarter  line  of  section  number  twenty-six,  town 
seven  north,  range  nine  east,  and  five  chains  west  of  the  line  be¬ 
tween  fractional  lots  one  and  two,  of  said  section ;  thence  west 
ten  chains ;  thence  north  fourteen  chains;,  to  the  shore  of  third 
lake ;  thence  easterly  along  the  shore  of  said  lake  to  a  point  five 
chains  west  from  the  east  line  of  fractional  lot  number  two  ; 
thence  south  thirteen  and  seventy-five  hundredths  chains  to  the 
place  of  beginning ;  and  the  northwest  corner  of  lot  one,  section 
twenty-six,  township  seven  north,  range  nine  east,  described  as 
follows :  Commencing  at  the  northwest  corner  of  the  land 
deeded  by  W.  Lafayette  Smith  and  Elma  IT.  Smith,  his  wife,  to< 
John  T'uhey,  December  8,  1880,  running  thence  south  along 
said  T'uhey’s  west  line  to  the  center  of  the  Madison  and  Water- 
cure  road  ;  thence  west  along  the  center  of  the  Watercure  road  to 
within  twenty  feet  of  the  east  line  of  the  land  owned  by  the 
Chicago'  &  Northwestern  Railroad  company;  thence  north  and 
parallel  to,  and  at  all  points  twenty  feet,  distant  from1,  the  said 
line  of  the  land  owned  by  the  said  Chicago  &  Northwestern 
Railroad  company,  to  the  shore  of  lake  Monona,;  thence  in  a 
northeasterly  direction  along  the  shore  of  said  lake  to  the  place 
of  beginning,  is  hereby  detached  from  the  city  of  Madison,  for 
school  purposes,  and  is  annexed  to1,  and  made  a.  part  of  school 
district  number  eleven,  of  the  town  of  Madison,  Dane  county. 

Section  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  June  12,  1893. 

Approved  April  20,  1893. 


148  SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 

No.  8,  A.]  [Published  April  4,  1885. 

CHAPTER  147. 

An  Act  to  authorize  justices  elected  in  the  several  wards  of 
Madison,  Mineral  Point  and  Stoughton  to  keep  an  office  and 
to  perform  the  duties  in  any  part  of  said  cities. 

The  people  of  the  state  of  Wisconsin,  represented  in  senate  and 
assembly,  do  enact  as  foliates: 

Section  1.  The  justices  of  the  peace  elected  in  the  several 
wards  of  the  cities  of  Madison,  Mineral  Point  and  Stoughton, 
may  keep  their  offices  and  perform  all  the  duties  pertaining 
thereto,  in  any  part  of  their  respective  cities,  as  fully  as  they 
now  do  in  the  wards  in  which  they  were  respectively  elected. 

Section  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  March  27,  1885. 


Ho.  40,  A.]  [Published  April  12,  1887. 

CHAPTER  410. 

An  Act  authorizing  the  board  of  education  of  the  city  of  Madi¬ 
son  to  borrow  money  and  to  issue  scrip  therefor,  and  the  com¬ 
missioners  of  public  lands  to  loan  money  to  said  board  of  edu¬ 
cation  and  providing  for  the  payment  of  the  same. 

The  people  of  the  state  of  Wisconsin,  represented  in  senate  and 
assembly,  do  enact  as  follows: 

Section  1.  The  commissioners  of  the  public  lands  are  hereby 
authorized  to  loan  at  their  discretion  a  portion  of  the  trust  funds 
of  this  state,  not  exceeding  the  sum  of  forty-five  thousand  dollars 
to  the  board  of  education  of  the  city  of  Madison,  and  said  board 
of  education  is  hereby  authorized  to  borrow  a,  sum  not  exceed- 


SPECIAL.  LAWS  AND  ORDINANCES  AFFECTING  CHARTER.  149 


ing  the  amount  above  named,  of  said  commissioners  or  else¬ 
where  and  to  issue  to  said  commissioners  or  other  persons  of 
whom  said  sum  is  borrowed,  certificates  of  the  indebtedness  so 
contracted.  Said  indebtedness  shall  bear  interest  at  a  rate  not 
exceeding  seven  per  cent,  per  annum  as  the  parties  may  agree, 
and  said  interest  shall  be  paid  annually  together  with  one-ninth 
of  the  principal  sum,  until  the  whole  is  paid,  in  accordance  with 
the  provi&ionsi  of  the  charter  of  said  city  of  Madison,  providing 
for  the  levy  and  collection  of  taxes,  and  the  payment  thereof  to 
the  treasurer  of  said  board  of  education. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  with  this 
act,  are  hereby  repealed,  and  this  act  shall  take  effect  from  and 
after  its  passage  and  publication. 

Approved  April  11,  1887. 


ISTo.  246,  S.] 


[Published  April  15,  1889. 


CHAPTER  362. 

An  Act  to  authorize  the  city  of  Madison  to  build  a  new  city 
hall  or  to  rebuild  or  modify  its  present  city  hall  building,  and 
to  authorize  the  common  council  of  the  city  of  Madison  to  re¬ 
mit  the  taxes  on  an  opera-house  building  if  by  them  deemed 
advisable. 

The  people  of  the  state  of  Wisconsin,  represented  in  senate  and 
assembly,  do  enact  as  follows: 

Section  1.  The  common  council  of  the  city  of  Madison  is 
hereby  authorized  to  construct  a  new  city  hall  building  with  a 
suitable  room  for  public  meetings  and  entertainments  attached, 
and  for  that  purpose  they  are  authorized  to  purchase  additional 
grounds,  to  be  used  in  connection  with  the  grounds  on  which  the 
present  city  hall  is  located,  or  to  purchase  a  new  site  for  said 


150  SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 


proposed  building  elsewhere  in  the  city  of  Madison,  to  dispose  of 
the  present  city  hall  or  to  modify  or  rebuild  and  enlarge  the 
same1,  or  make  an  entire  new  city  hall  building,  as  they  may 
deem  advisable  and  for  the  best  interests  of  the  city ;  and  for 
either  of  said  purposes  they  may  use  the  moneys  now  belonging 
to  the  sinking  fund  of  the  city,  and  in  addition  may  issue  bonds 
in  an  amount  not  exceeding  fifty  thousand  dollars,  bearing  in¬ 
terest  at  a  rate  not  exceeding  five  per  cent,  per  annum,  said 
bonds  to  be  payable  in  whole  or  in  part,  at  such  time  or  times 
not  exceeding  twenty  years,  as  the  common  council  may  pre¬ 
scribe  ;  and  in  case  the  funds  above  provided  for  shall  not  com¬ 
plete  and  furnish  the  building  herein  authorized,  the  common 
council  is  empowered  to  make  a  temporary  loan  to  pay  the 
deficiency  and  such  sum  in  excess  of  twenty-five  thousand 
dollars  as  may  annually  be  levied  for  general  city  purposes 
within  the  two>  per  cent,  limit  prescribed  by  the  city  charter, 
shall  annually  be  set  apart  and  used  for  the  payment  of  said 
temporary  loan  until  the  same  shall  be  fully  paid. 

Section  2.  The  common  council  is  hereby  authorized  to 
remit  or  refund  during  such  period  as  they  may  deem  advisable, 
the  taxes  that  may  be  assessed  against  any  building  hereafter  con¬ 
structed  in  the  city  of  Mfidison  for  the  purposes  of  an  opera 
house,  and  the  land  occupied  for  the  purpose  of  said  opera  house ; 
provided,  that  nothing  herein  shall  authorize  a  remission  of 
taxes  for  special  improvements. 

Section  6.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  April  11,  1889. 


SPECIAL  LAWS  AN D -ORDINANCES  AFFECTING  CHARTER.  151 


No.  296,  S.]  [Published  May  17,  1901. 

CHAPTER  406. 

An  Act  to  authorize  the  governor  in  behalf  of  the  state  to  co¬ 
operate  with  the  city  of  Madison  in  paving  the  streets  sur¬ 
rounding  the  capitol  park,  and  making  an  appropriation. 

The  people  of  the  state  of  Wisconsin ,  represented  in  senate  and 
assembly,  do  enact  as  follows: 

Power  of  governor;  state  to  be  protected  from  damages.  Sec¬ 
tion  1.  The  governor  is  hereby  authorized  to  co-operate  with 
the  mayor  and  common  council  of  the  city  of  Madison  in  newly 
paving  with  asphaltum,  the  streets  and  street  corners  abutting 
the  four  sides  of  the  capitol  park  in  the  city  of  Madison,  the 
cost  to  the  state  for  such  paving  not  to  exceed  fifteen  thousand 
dollars.  Nothing  herein  contained  shall  be  construed  as  author¬ 
izing  the  governor  on  behalf  of  the  state  to  aid  in  repairing  and 
re-paving  such  streets  after  such  paving  is  once  completed.  In 
any  arrangement  or  contract  entered  into  for  the  purposes  herein 
named  the  state  shall  be  fully  protected  from  all  possible  dam¬ 
ages  that  may  arise  either  in  the  progress  of  such  negotiation 
and  work,  or  by  reason  of  any  neglect  on  the  part  of  the  city  of 
Madison  thereafter  in  keeping  such  streets  in  good  repair. 

Appropriation.  Section  2.  There  is  hereby  appropriated 
out  of  the  funds  in  the  state  treasury  not  otherwise  appropriated, 
a  sum  sufficienti  to  carry  put  the  purposes  of  this  act. 

Section  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  May  14,  1901. 


152 


SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 


ORDINANCE  NO.  1139. 

An  Ordinance  creating  wards  out  of  the  precincts  of  First 
Ward  of  the  city  of  Madison. 


Whereas,  a  majority  of  the  electors,  at  least  40  per  centum  of 
whom  are  residents,  freeholders  of  the  first  precinct  of  the  First 
Ward  of  the  city  of  Madison,  Wisconsin,  which  election  district 
contains  one  thousand  inhabitants  (1,000)  or  more,  have  filed 
with  the  city  clerk  of  said  city,  a  petition  demanding  that  such 
precinct  be  constituted  a  ward  of  said  city ;  and 

Whereas,  the  said  city  clerk  has  duly  notified  the  mayor  of 
said  city  of  the  receipt  thereof ;  and 

Whereas,  the  mayor  of  said  city  thereupon  caused  to  be 
published,  in  the  official  paper  of  said  city,  notice  of  the  re¬ 
ceipt  of  such  petition,  and  did  cause  the  same  to  be  laid  before 
the  common  council  of  said  city,  at  its  next  regular  meeting  in 
pursuance  of  law ;  and 

Whereas,  it  has  become  the  duty  of  said  common  council  to 
act  in  the  premises ; 

Now,  therefore,  the  common  council  of  the  city  of  Madison, 
Wisconsin,  do  ordain : 

Section  1.  The  first  precinct  of  the  first  ward  of  the  city 
of  Madison,  being  all  of  that  part  of  the  said  city  bounded  by 
Lake  Mlendota  or  Fourth  Lake,  and  by  lines  drawn  through  the 
center  of  Wisconsin  avenue  ;  West  Washington  avenue  so  far 
as  Henry  street;  Henry  street  from  West  Washington  avenue 
to  State  street ;  State  street  from  Henry  street  to  Frances  street, 
and  Frances  street  from  State  street  to  Lake  Mendota  or  Fourth 
Lake,  is  hereby  created  and  constituted  and  shall  be  known  as 
First  Ward. 

The  second  precinct  of  the  first  ward  of  the  city  of  Madison, 
being  all  that  part  of  said  city  within  the  boundaries  of  lines 
drawn  through  the  center  of  West  Washington  avenue,  from 
Henry  street  to  Washington  street;  Washington  street  from  West 
Washington  avenue  to>  Francis  street;  Francis  street  from  Wash¬ 
ington  street  to  State  street;  State  street  from  Francis  street  to 
Henrv  street  ;  Henry  street  from  State:  street  to  West  Wash- 


SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER.  153 


ington  avenue,  is  hereby  created  and  constituted  and  shall  be 
known  as  Eighth  Ward. 

Section  2.  The  alderman  of  the  first  ward  as  now  consti¬ 
tuted  shall  become  and  be  the  alderman  of  the  eighth  ward ;  and 
at  the  annual  city  election  in  April,  1897,  there  shall  be  elected 
in  the  first  ward  two  aldermen,  one  for  the  term  of  one  year,  and 
one  for  the  term  of  two  years,  and  in  the  eighth  ward,  one  alder¬ 
man  for  the  term  of  two  years ;  and  thereafter  there  shall  be 
annually  elected  one  alderman  from  each  of  said  wards  for  the 
term  of  two  years,  as  provided  in  chapter  2,  section  8,  of  the 
city  charter,  and  acts  and  ordinances  supplementary  thereto  and 
amendatory  thereof. 

This  ordinance  shall  be  in  force  and  of  effect  from  and 
after  its  passage  and  publication. 

Approved  March  17,  1897. 

A.  A.  Dye, 

Mayor. 

Notice  is  hereby  given,  that  the  foregoing  ordinance  was 
passed  by  the  common  council  of  the  city  of  Madison,  on  the 
16th  day  of  March,  1897. 

O.  S.  Norsman, 

City  Clerk. 


ORDINANCE!  NO.  1140. 

An  Ordinance  creating  wards  out  of  the  precincts  of  the  Second 
Ward  of  the  city  of  Madison. 

Whereas,  a  majority  of  the  electors,  at  least  40  per  centum  of 
whom  are  resident  freeholders  of  the  first  precinct  of  the  second 
ward,  of  the  city  of  Madison,  Wisconsin,  which  election  district 
contains  one  thousand  (1,000)  inhabitants,  or  more,  have  filed 
with  the  city  clerk  of  said  city  a  petition  demanding  that,  such 
precinct  be  constituted  a  ward  of  said  city ;  and 

Whereas,  the  said  city  clerk  has  duly  notified  the  mayor  of 
said  city  of  the  receipt  thereof ;  and 

Whereas,  the  mayor  of  said  city  did  thereupon  cause  to  lie 
published  in  the  official  paper  of  sail  city  notice  of  the  receipt 


1  54  SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 


of  such  petition,  and  did  cause  the  same  to  he  laid  before  the 
common  council  of  said  city,  at  its  next  regular  meeting,  in 
pursuance  of  law ;  and 

Whereas,  it  lias  become  the  duty  of  the  city  council  to  act  in 
the  premises, 

Now,  therefore,  the  common  council  of  the  city  of  Madison 
dc  ordain  : 

Section  1.  The  first  precinct  of  the  second  ward  of  the  city 
of  Madison,  being  all  that  part  of  said  city  bounded  by  Lake 
Mendota  or  Fourth  Lake,  and  by  lines  drawn  through  the  center 
of  Wisconsin  and  East  Washington  avenues  and  Blount  street, 
is  hereby  created  and  constituted  and  shall  be  known  as  Second 
Ward. 

The  second  precinct  of  the  second  ward,  of  the  city  of  Madison, 
being  all  that  part  of  the  said  city,  lying  north  and  east  of  lines 
drawn  through  the  center  of  Blount:  street,  Washington  avenue 
and  Winnebago  road  to  the  city  limits,  is  hereby  created  and 
constituted  and  shall  be  known  as  Seventh  Ward. 

Section  2.  The  senior  alderman  of  the  second  ward  as  now 
constituted,  shall  become  and  be  the  senior  alderman  of  the 
seventh  ward.  The  junior  alderman  of  the  second  ward  as 
now  constituted,  shall  become  and  be  the  senior  alderman  of 
the  second  ward,  and  at  the  annual  city  election  in  April,  1897, 
there  shall  be  elected  in  the  second  ward  one  alderman  for  the 
term  of  two  years ;  and  in  the  seventh  ward  two  aldermen,  one 
for  the  term  of  one  year  and  one  for  the  term  of  two  years ; 
and  thereafter  there  shall  be  annually  elected  one  alderman  from 
each  of  said  wards  in  said  city  for  the  term  of  two  years,  as 
provided  in  chapter  two,  section  eight,  of  the  city  charter,  and 
acts  and  ordinances  supplementary  thereto'  and  amendatory 
thereof.  This  ordinance  shall  be  in  force  and  of  effect  from  and 
after  its  passage  and  publication. 

Approved  March  17,  1897.  A.  A.  Dye, 

Mayor. 

Notice  is  lierebv  given,  that  the  foregoing  ordinance  was 

t/  O  7  O  O 

passed  by  the  common  council  of  the  city  of  Madison,  on  the 
16th  dav  of  March,  A.  D.  1897. 

O.  S.  N  ORSMAN, 

City  Cleric. 


155 


SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 


ORDINANCE  NO.  1279. 

An  Ordinance  to*  constitute  a  part  of  the  present  fourth  ward 
of  the  city  of  Madison  as  the  ninth  ward  of  said  city,  and  to 
constitute  the  residue  of  the  present  fourth  ward  as  the  fourth 
ward  of  the  city  of  Madison. 

The  common  council  of  the  city  of  Madison  do  ordain  as  fol¬ 
lows: 

Section  1.  That  all  that  part  of  the  present  fourth  ward 
of  the  city  of  Mladison  lying  west  and  south  of  the  center  line 
of  the  main  track  of  the  Chicago,  Milwaukee  &  St.  Paul  Rail¬ 
way  Company,  as  at  present  laid,  he  and  the  same  is  hereby 
constituted  the  ninth  ward  of  the  city  of  Madison. 

Section  2.  All  the  rest  and  residue  of  the  present  fourth 
ward  of  the  city  of  Madison  being  the  part  bounded  on  the 
north-east  by  the  center  line  of  Monona  avenue,  on  the  north-west 
by  the  center  line  of  Washington  avenue,  on  the  south-west  by 
the  center  line  of  the  main  track  of  the  Chicago',  Milwaukee  & 
St.  Paul  Railway  Company,  as  at  present  laid,  and  on  the  south¬ 
east  by  Lake  Monona,  is  hereby  constituted  the  fourth  ward  of 
the  city  of  Madison. 

Section  3.  The  alderman  of  the  present  fourth  ward  whose 
term  of  office  will  expire  in  April,  1904,  and  who  now  resides 
within  the  territory  hereby  constituted  as  said  ninth  ward,  shall 
be  and  remain  an  alderman  of  said  ninth  ward  until  the  expira¬ 
tion  of  his  term1  of  office. 

Section  4.  There  shall  be  elected  at  the  regular  city  election 
in  April,  1903,  an  alderman  of  said  ninth  ward  for  the  full  term 
of  two  years. 

Section  5.  There  shall  be  elected  at  the  regular  citv  election 

o  tJ 

in  April,  1903,  in  the  fourth  ward  of  the  city  of  Madison,  two 
aldermen,  one  of  whom  shall  be  elected  to  fill  vacancy  and  shall 
hold  his  office  for  the  term  of  one  year,  and  the  other  of  whom 
shall  hold  his  office  for  the  term  of  two  years. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

Approved  February  14,  1903. 

John  W.  Groves, 

Mayor. 


156  SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER. 


Notice  is  hereby  given,  that  the  foregoing  ordinance  was 
passed  by  the  common  council  of  the  city  of  Madison,  on  the 
13th  day  of  February,  A.  D.  1903. 

O.  S.  Norsman, 

City  Clerk. 


ORDINANCE  NO.  1296. 

An  Ordinance  to  annex  to  the  city  of  Madison  certain  adjacent 
territory  in  the  town  of  Madison,  and  to  constitute  the  same 
as  the  tenth  ward  of  the  city  of  Madison. 

The  common  council  of  the  city  of  Madison  do  ordain  as  fol¬ 
lows: 

Section  1.  All  that  part  of  town  seven  (7)  north,  of  range 
nine  (9)  east,  Dane  county,  Wisconsin,  hereinafter  described 
the  same  being  adjacent  to  the  city  of  Madison,  is  hereby  an¬ 
nexed  to  and  made  a  part  of  the  city  of  Madison ;  the  said  terri¬ 
tory  being  more  fully  described  as  follows :  All  that  part  of 
section  twenty-two  (22)  not  now  embraced  in  the  city  of  Madi¬ 
son;  also  that  portion  of  section  twenty-seven  (27)  embraced 
within  the  limits  of  Wingra  Park,  according  to  the  recorded  plat 
thereof.  All  of  said  territory  lying  in  township  number  seven 
(7)  north,  of  range  number  nine  (9)  east. 

Section  2.  In  accordance  with  the  terms  of  the  petition  for 
such  annexation,  and  in  pursuance  of  law,  the  said  territory  is 
received  into  and  made  a  part  of  said  city  without  license,  and 
no  license  to  sell  intoxicating  liquors  within  said  territory  shall 
be  granted  unless  the  question  of  license  or  no  license  shall  have 
been  submitted  to  the  lawful  electors  of  said  territory,  at  a 
special  meeting  to  be  held  for  that  purpose  in  the  manner  pro¬ 
vided  by  law  for  holding  special  elections  in  a  ward  of  said  city, 
and  a  majority  of  the  votes  cast  on  said  question  shall  be  in 
favor  of  granting  license  to  sell  such  intoxicating  liquors. 

Section  3.  The  said  territory  so  annexed  to  the  city  of 
Madison  is  hereby  constituted  the  tenth  ward  of  the  city  of 
Madison. 


SPECIAL  LAWS  AND  ORDINANCES  AFFECTING  CHARTER.  157 


Section  4.  On  the  3rd  day  of  November,  A.  D.  1903,  a 
special  election  shall  be  held  in  said  ward,  in  the  manner  pro¬ 
vided  hy  law  for  holding  special  eections,  and  notice  thereof  shall 
he  given  in  the  manner  provided  by  law.  At  said  special  elec¬ 
tion  there  shall  be  elected  one  supervisor  to  hold  his  office  until 
the  spring  election  of  1904;  one  justice  of  the  peace,  who  shall 
hold  his  office  until  the  spring  election  of  1905  ;  one  senior  aider- 
man,  who  shall  hold  his  office  until  the  third  Tuesday  of  April, 
1904,  and  one  junior  alderman,  who  shall  hold  his  office  until  the 
third  Tuesday  of  April,  1905. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 

Approved  July  25,  1903. 

John  W.  Groves, 

Mayor. 

Notice  is  hereby  given,  that  the  foregoing  ordinance  was 
passed  by  the  common  council  of  the  city  of  Madison,  on  the 
24th  day  of  July,  1903. 

O.  S.  Norsman, 

City  Clerk. 


AN  ORDINANCE 


To  Revise  the  General  Ordinances  of  the 

City  of  Madison. 


The  Common  Council  of  the  City  of  Madison  do  ordain  as 
follows: 

CHAPTER  I. 

CONSTRUCTION  AND  EFFECT  OF  ORDINANCES  AND  THEIR 

PUBLICATION. 

Effect  of  Repeal.  Section  1.  When  any  ordinance  repealing  a  for- 
mer  ordinance,  clause  or  provision,  shall  be  itself  repealed,  such  repeal 
shall  not  be  construed  to  revive  such  former  ordinance,  clause  or  pro¬ 
vision,  unless  it  shall  be  expressly  so  provided. 

Construction.  Section  2.  Every  word  in  any  ordinance  importing 
the  masculine  gender,  shall  extend  and  be  applied  to  females  as  well 
as  males;  and  every  word  importing  the  singular  number  only,  shall 
extend  and  be  applied  to  several  persons  or  things  as  well  as  to  one 
person  or  thing;  and  every  word  importing  the  plural  number  only, 
shall  extend  and  be  applied  to  one  person  or  thing  as  well  as  to  several 
persons  or  things;  and  the  word  “person”  shall  extend  and  be  applied 
to  a  partnership  or  corporation  as  well  as  an  individual;  provided,  that 
these  rules  of  construction  shall  not  be  applied  to  any  ordinance  which 
shall  contain  any  express  provision  excluding  such  construction,  or 
when  the  subject  matter  or  context  of  such  ordinance  may  be  repug¬ 
nant  thereto. 

Construction — Reasonable  Time  or  Notice.  Section  3.  In  all  cases 
where  any  ordinance  shall  require  any  act  to  be  done  in  a  reasonable 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


159 


time  or  reasonable  notice  to  be  given,  such  reasonable  time  or  notice 
shall  be  deemed  to  mean  such  time  only  as  may  be  necessary  for  the 
prompt  performance  of  such  duty,  or  compliance  with  such  notice. 

Ordinances  to  Take  Effect  When.  Section  4.  All  ordinances  passed 
by  the  common  council,  except  when  otherwise  specially  provided, 
shall  take  effect  and  be  in  force  from  and  after  their  publication. 

Penalty  Where  No  Penalty  Provided.  Section  5.  In  any  case  where 
there  shall  be  a  violation  of  any  city  ordinance  for  which  no  penalty 
is  provided,  the  person  violating  the  same  shall  be  subject  to  a  fine 
of  not  less  than  one  dollar  nor  more  than  one  hundred  dollars  for  each 
offense. 


CHAPTER  II. 

FIRE  DEPARTMENT  AND  FIRE  REGULATIONS.  , 

Who  Compose  the  Fire  Department.  Section  1.  The  fire  depart¬ 
ment  shall  consist  of  one  chief  to  oe  known  as  “Chief  of  the  Fire  De¬ 
partment,”  an  assistant  chief,  to  be  known  as  “Assistant  Chief  of  the 
Fire  Department,”  one  person,  who  shall  have  charge  of  the  fire  station 
in  the  sixth  ward,  to  be  known  as  “Captain,”  one  practical  electrician, 
and  thirteen  additional  full  paid  men,  and  twenty  call  men.  If  any 
other  sub  fire  station  shall  be  established,  the  person  in  charge  of  the 
same  shall  be  known  as  “Captain.” 

Appointment  of  Members;  Duties.  Section  2.  The  chief  of  the  fire 
department  shall  be  appointed  by  the  board  of  police  and  fire  commis¬ 
sioners;  the  assistant  chief,  the  captain  and  the  electrician  shall  be  ap¬ 
pointed  by  the  chief  by  and  with  the  consent  and  approval  of  the  board 
of  police  and  fire  commissioners,  and  said  approval  shall  be  filed  or  of 
record  before  said  persons  shall  enter  upon  their  duties.  All  other 
members  of  the  fire  department  shall  be  appointed  by  the  chief  from 
lists  furnished  and  approved  by  the  board  of  police  and  fire  commis¬ 
sioners.  The  chief  shall  be  responsible  for  the  efficiency  of  the  fire 
department,  and  the  chief,  the  assistant  chief,  the  captain,  the  elec¬ 
trician  and  the  full-paid  men  shall  devote  all  their  time  to  the  work  of 
said  department,  and  shall  not  engage  in  any  other  business. 

Salaries — Forfeiture  by  Call  Men.  Section  3.  .  The  members  of  the 
fire  department  shall  be  paid  salaries  as  follows:  Chief,  eighty-five- 


160  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


dollars  per  month;  assistant  chief,  seventy  dollars  per  month,  and 
the  captain  and  the  electrician  sixty-five  dollars  per  month  for  the  first 
year  of  service  and  seventy  dollars  per  month  for  continuous'  service 
thereafter.  All  other  members,  except  call  men,  shall  be  paid  for  the 
first  year  of  service  fifty  dollars  per  month;  for  the  second  and  third 
years  fifty-five  dollars  per  month;  and  thereafter  at  the  rate  of  sixty 
dollars  per  month;  but  the  length  of  time  served  by  each  member  is 
to  be  determined  in  every  case  by  computing  the  time  continuously 
served  by  him  after  January  1,  1903.  Call  men  shall  be  paid 
at  the  rate  of  one  hundred  and  twenty  dollars  per  year;  provided, 
that  every  call  man  who  shall  fail  to  appear  and  serve  at  any  alarm  of 
fire  shall,  unless  excused  by  the  chief  of  the  department,  forfeit  one 
dollar  for  each  such  absence,  which  said  forfeiture  shall  be  deducted 
from  his  pay,  and  if  in  any  one  year  the  absences  by  any  call  man 
shall  in  the  aggregate  be  equal  to  forty  per  cent,  of  the  total  number 
of  fire  alarms  during  said  time,  such  fact  shall  be  reported  by  the 
chief  of  the  fire  department  to  the  board  of  police  and  fire  commis¬ 
sioners,  and  such  person  so  absent  shall  be  dismissed  from  the  fire  de¬ 
partment. 

Government  and  Distribution  of  Members.  Section  4.  The  mem¬ 
bers  of  the  fire  department  shall  be  distributed  under  the  direction  of 
the  board  of  police  and  fire  commissioners,  and  shall  be  governed  by 
rules  and  regulations  to  be  prepared  by  the  said  board,  which  said 
rules  may  be  amended  from  time  to  time. 

Assistant  Chief  to  Act  in  Absence  of  Chief.  Section  5.  In  case  of 
the  absence  or  disability  of  the  chief,  the  assistant  chief  shall  have  all 
the  powers  and  be  charged  with  all  the  responsibilites  of  the  chief. 

The  Chief — His  Authority — To  Keep  a  Record — Make  Report  to 
Council.  Section  6.  Subject  to  the  rules  and  regulations  provided  for 
by  section  four  of  this  chapter,  the  chief  of  the  fire  department  shall 
have  control  over  the  members  of  the  department.  He  shall  also  have 
control  of  all  apparatus  and  property  of  the  department,  and  shall 
keep  said  apparatus  in  repair.  He  shall  also  keep  an  itemized  record 
of  all  his  official  transactions  and  account  for  any  money  received  or 
disbursed  by  him.  He  shall  keep  a  record  of  each  alarm  of  fire,  show¬ 
ing  the  date,  the  exact  time  and  the  number  of  the  box  from  which  it 
is  received.  He  shall  report  to  the  common  council  during  the  month 
cl  February  in  each  year,  the  condition,  needs  and  defects  of  the  de¬ 
partment,  and  shall  make  such  suggestions  as  to  him  may  seem  proper. 

Duty  of  Police  at  Fires.  Section  7.  The  chief  of  police,  and  all 
policemen  stationed  in  a  ward  where  a  fire  occurs,  shall  repair  imme- 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  1G1 


diately  on  an  alarm  of  fire  to  the  place  where  the  fire  may  he,  and 
remain,  for  the  preservation  of  the  public  peace  and  for  the  preserva¬ 
tion  of  property  in  the  vicinity  thereof. 

Use  of  Liquor  at  Fires.  Section  8.  In  case  of  and  during  the  con¬ 
tinuance  of  a  fire,  no  intoxicating  liquors  shall  he  allowed  among  the 
firemen,  or  be  brought  upon  the  ground  for  any  purpose,  except  the 
same  shall  have  been  ordered  by  the  chief  of  the  fire  department,  and 
any  person  furnishing  any  intoxicating  liquor  or  drink  to  firemen  dur¬ 
ing  a  fire,  except  as  herein  provided,  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars. 

Ey-Standers  May  Be  Called  to  Assist  at  Fires.  Section  9.  It  shall 
be  lawful  for  the  mayor,  or  the  chief  or  assistant  chief  of  the  fire  de¬ 
partment,  the  chief  of  police  or  any  police  officer,  or  any  alderman,  to 
require  of  any  by-stander  such  aid  as  shall  be  necessary;  and  every 
person  who  shall  disobey  such  order,  shall  be  liable  to  arrest  and  to  the 
penalty  provided  by  section  twenty-eight  of  this  chapter. 

Resistance  to  Firemen — Injury  to  Apparatus.  Section  10.  No  per¬ 
son  shall  wilfully  offer  any  hindrance  or  resistance  to  a  fireman  in  the 
discharge  of  his  duty,  nor  shall  any  person  wilfully  injure,  in  any  man¬ 
ner,  any  hose,  fire  engine,  or  other  fire  apparatus  belonging  to  the  city. 

Destruction  of  Property  to  Prevent  the  Spread  of  Fire.  Section  11. 
During  the  progress  of  any  fire  the  chief  of  the  fire  department,  or,  in 
case  of  his  absence  or  disability,  the  assistant  chief  shall  have 
the  power  to  order  the  removal  or  destruction  of  any  property  neces¬ 
sary  to  prevent  the  further  spread  of  fire. 

Fire  Alarm  Telegraph — False  Alarm — Keys.  Section  12.  No  per¬ 
son  shall  knowingly  give  or  cause  to  be  given  any  false  alarm  of 
fire,  by  means  of  the  telegraph  boxes  connected  with  the  fire  alarm 
telegraph,  or  otherwise.  No  person  excepting  the  chief  of  the  fire  de¬ 
partment  and  those  acting  under  his  express  authority  in  writing,  or 
by  express  authority  of  the  common  council,  shall  make  or  cause  to  be 
made  any  key  or  keys  of  any  fire  alarm  telegraph  box,  or  use,  or  at¬ 
tempt  to  use,  or  cause  to  be  used,  any  such  key  or  keys. 

Interference  With  Telegraph.  Section  13.  No  person,  unless 
duly  authorized,  shall  cut  or  remove  or  in  any  way  alter  or  interfere 
with  the  fire  alarm  telegraph  wire  or  wires,  or  with  any  part  of  the 
machinery,  apparatus,  fixtures,  boxes  or  glass  in  any  way  attached  or 
appertaining  thereto.  Any  person  violating  any  provision  of  this  or 
11 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


162 


of  the  preceding  section  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars. 

Other  V/ ires — How  Strung  With  Relation  to  Fire  Alarm  System — 
Duty  of  Chief.  Section  14.  No  telegraph,  electric  light  or  power  or 
telephone  wire  shall  hereafter  be  placed  above  any  wire  appertaining 
to  the  fire  alarm  telegraph,  and  airy  person,  manager,  agent  or  employe 
in  charge  of  any  such  telegraph,  telephone  or  electric  light  or  power 
wire  who  shall  refuse  to  remove  any  such  wire  placed  contrary  to  the 
provisions  of  this  section  upon  being  requested  so  to  do  by  the  chief  of 
the  fire  department,  or  any  police  officer,  shall  be  subject  to  a  fine 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 
The  chief  of  the  fire  department  or  any  police  officer  is  hereby  author¬ 
ized  and  empowered  summarily  to  cut  and  remove  any  telegraph,  tele¬ 
phone  or  electric  light  or  power  wire  coming  in  contact  with  or  placed 
above  or  endangering  the  free  and  unobstructed  operation  of  the  fire 
alarm  system  of  this  city. 

Control  of  Fire  Alarm  System.  Duty  of  Chief.  Section  15.  The 
electric  fire  alarm  system  shall  be  under  the  control  and  supervision 
of  the  chief  of  the  fire  department,  who  shall  have  the  entire  care  and 
management  of  the  rooms,  apparatus,  lines,  boxes  and  machinery  of 
said  system,  and  shall  be  responsible  for  the  constant  good  repair  and 
working  of  the  same.  The  chief  of  the  fire  department  shall  have  the 
custody  and  control  of  all  keys  belonging  to  the  various  signal  boxes, 
and  shall  keep  a  record  of  all  keys  distributed  by  him,  and  shall  take 
receipts  for  the  same;  and  he  shall  have  the  power,  subject  to  the  ap¬ 
proval  of  the  board  of  police  and  fire  commissioners,  to  make  such 
regulations  relating  to  the  administration  of  the  fire  alarm  system  as 
shall  from  time  to  time  be  found  necessary  or  convenient. 

Fire  Limits.  Section  16.  All  that  part  of  the  city  of  Madison  em¬ 
braced  in  the  following  descriptions  shall  be  known  as  the  fire  limits, 
to-wit:  Blocks  72,  73,  74,  75,  76,  77,  83,  84,  89,  90,  99,  100,  101,  102,  103, 
104,  105,  107,  108,  113,  114,  270,  and  that  strip  or  parcel  of  land  lying  be¬ 
tween  block  270  and  block  106.  The  following  blocks  shall  be  known 
as  the  fire  wardens’  limits,  to-wit:  Blocks  65,  67,  82,  85,  88,  106,  109, 
112. 

Construction  of  Buildings  Within  Fire  and  Fire  Wardens’  Limits. 

Section  17.  No  building  shall  be  erected  within  the  fire  limits  unless 
the  same  be  constructed  in  conformity  with  the  following  provisions: 

1st.  All  outside  and  party  walls  shall  be  made  of  stone,  brick  or 
other  fire-proof  materials. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


163 


2d.  Outside  or  party  walls  not  exceeding  twenty-four  feet  in  height, 
from  the  level  of  the  sidewalk  to  the  under  side  of  the  roof  joists  or 
rafters,  shall  not  be  less  than  eight  inches  in  thickness,  if  of  brick,  and 
not  less  than  sixteen  inches  in  thickness  if  of  stone.  But  the  walls  of 
stores,  mills,  breweries  and  warehouses,  and  of  all  other  buildings  ex¬ 
ceeding  twenty-four  feet  in  height,  as  aforesaid,  shall  not  be  less  than 
twelve  inches  in  thickness,  if  of  brick,  nor  less  than  eighteen  inches  in 
thickness,  if  of  stone. 

3d.  All  joists,  beams  and  other  timbers,  in  o,utside  and  party  walls, 
shall  be  separated  at  least  four  inches  from  each  other  with  stone  or 
brick  laid  in  mortar,  and  all  wooden  lintels,  or  plate  pieces,  in  front  or 
rear  walls,  shall  recede  from  the  outside  of  the  wall  at  least  four 
inches,  except  that  lintels  of  timber  may  be  used  in  cornices  covered 
with  metal  or  other  fireproof  roofing  which  recede  four  inches  from  the 
outside  or  front  as  aforesaid.  All  roofs,  cornices  and  gutters  shall  be 
covered  with  fire-proof  material. 

4th.  There  shall  not  be  more  than  thirty  feet  space  between  the  out¬ 
side  or  party  walls  of  any  building,  unless  such  building  be  supported 
by  iron  or  other  columns  or  supports  of  fire-proof  material. 

5th.  All  end  and  party  walls  shall  extend  above  the  sheeting  of  the 
roof  at  least  two  and  one-half  feet,  and  in  no  case  shall  the  planking  or 
sheeting  of  the  roof  extend  through  or  across  any  party  or  end  wall; 
and  in  case  of  any  opening  in  any  end  or  party  wall,  the  same  shall  be 
provided  with  iron  or  fire-proof  doors,  properly  fitted  and  hung  so  as 
to  be  easily  closed  in  case  of  fire. 

No  building  shall  be  erected  within  the  fire  wardens’  limits  of  any 
other  materials,  or  in  any  other  manner,  than  is  prescribed  by  this 
section,  unless  the  common  council  shall,  by  resolution  duly  adopted, 
grant  permission  therefor. 

Depositories  of  Ashes.  Section  18.  All  depositories  of  ashes  within 
the  city  limits  shall  be  built  of  brick,  stone  or  other  fire-proof  material. 

Wooden  Buildings — When  May  Be  Rebuilt — How  Damage  Deter¬ 
mined.  Section  19.  No  wooden  building  within  the  fire  limits  which 
may  hereafter  be  damaged  to  the  amount  of  fifty  per  cent,  of  the  value 
thereof,  shall  be  repaired  or  rebuilt;  nor  shall  such  building,  where 
the  damages  are  less  than  fifty  per  cent,  of  its  value  be  so  repaired  as 
to  be  raised  higher  than  the  highest  point  left  standing  after  such  dam¬ 
age  shall  have  occurred.  The  amount  or  extent  of  damage  that  may 
be  done  to  any  building  may  be  determined  by  three  disinterested  per¬ 
sons,  residents  of  the  city,  one  of  whom  shall  be  chosen  by  the  owner 
of  the  building,  the  second  by  the  mayor,  and  the  two  so  chosen  shall 


164  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


elect  a  third,  and  the  decision  of  a  majority  of  the  persons  so  chosen 
shall  he  final  and  conclusive. 

Wooden  Buildings — When  Deemed  a  Nuisance.  Section  20.  Any 
wooden  building  which  may  be  erected,  enlarged,  removed,  or  repaired, 
cr  in  process  of  erection,  enlargement,  removal  or  repair,  contrary  to 
any  of  the  provisions  of  this  chapter,  shall  be  deemed  a  nuisance;  and 
it  shall  be  the  duty  of  the  mayor,  after  due  notice  to  the  owner  or  to 
the  builder  to  abate  the  same,  to  make  an  order  in  writing,  requiring 
the  chief  of  police  or  other  police  officer  to  cause  such  building  to  be 
razed;  and  the  expense  thereof  may  be  collected  from  the  owner  of 
such  building  by  suit. 

Violation  of  Preceding  Sections.  Section  21.  Any  person  who  shall 
own,  build,  or  aid  in  the  erection  of  any  building  or  part  of  a  building 
contrary  to  the  provisions  of  this  chapter,  or  who  shall  own,  remove, 
or  assist  in  removing  any  such  building  from  without  the  fire  or  fire 
wardens’  limits  into  the  same,  or  shall  own,  repair,  or  assist  in  repair¬ 
ing  any  damaged  wooden  building,  contrary  to  any  provision  of  this 
chapter,  shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dollars, 
and  not  exceeding  one  hundred  dollars,  for  each  forty-eight  hours  such 
person  may  fail  to  comply  with  any  of  the  provisions  of  this  chapter. 
Any  person  who  shall  remove  or  cause  to  be  removed,  or  assist  in  re¬ 
moving,  any  building  from  one  point  to  another  within  the  fire  or  fire 
warden’s  limits  which  could  not,  under  the  provisions  of  this  chapter, 
be  erected  within  said  limits,  shall  be  subject  to  the  same  penalties 
herein  provided  for  the  offense  of  removing  any  such  building  from 
without  the  fire  limits  to  any  point  within  the  same. 

Public  Cisterns,  Water  Not  to  Be  Taken  From.  Section  22.  No 
person  shall  take  water  from  any  public  cistern  for  any  purpose  other 
than  to  extinguish  fires,  without  first  obtaining  the  written  consent  of 
the  chief  of  the  fire  department,  under  a  penalty  of  not  less  than  two 
or  more  than  ten  dollars  for  each  offense. 

Removal  of  Weeds  Endangering  Buildings  by  Fire.  Section  23. 
Whenever  any  reeds,  rushes,  cattails  or  other  weeds  shall  be  found 
growing  upon  any  street  or  lot  within  this  city  in  such  close  proximity 
to  any  building  or  structure  as  to  endanger  such  building  or  structure 
by  fire  therefrom,  the  owner  or  occupant  of  such  lot  shall  cut  and  re¬ 
move  such  weeds  from  such  lot  or  adjoining  street  whenever  required 
to  do  so  by  the  chief  of  the  fire  department  or  the  superintendent  of 
streets.  '  > 

Failure  to  Remove  Weeds — Summary  Removal  of  Same.  Section 
24.  Whenever  any  owner  or  occupant  of  any  lot  shall  neglect  or  re- 


165 


GENERAL  ORDINANCE  <  F  THE 


CITY  OF  MADISON. 


fuze  to  remove  such  weeds  within  forty-eight  hours  after  written 
notice  requiring  the  removal  of  the  same  shall  have  been  given  to  him 
by  the  chief  of  the  fire  department  or  the  superintendent  of  streets,  he 
shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  ten 
dollars  for  such  failure  or  refusal  to  remove  such  weeds  according  to 
such  notice;  and  said  chief  of  the  fire  department  or  said  superin¬ 
tendent  of  streets  shall  cause  such  weeds  to  be  cut  and  removed  and 
the  expense  thereof  shall  be  levied  and  collected  as  a  special  tax 
against  such  lot.  For  the  purpose  of  this  and  the  preceding  section 
notice  to  the  person  who  receives  the  rent  or  has  charge  of  the  prop¬ 
erty  in  question  shall  be  deemed  notice  to  the  owner. 

Hay — Stacking  of  Same  Within  Fire  Limits — Within  City  Limits. 

Section  25.  No  person  shall  stack  or  cause  to  be  stacked  any  hay  or 
straw  within  the  fire  limits  or  fire  wardens’  limits  except  by  permission 
of  the  common  council,  or  nearer  than  sixty  feet  to  any  building,  with¬ 
out  the  previous  written  consent  of  the  chief  of  the  fire  department. 

Removal  of  Hay.  Section  26.  If,  in  the  opinion  of  the  chief  of  the 
fire  department,  any  building  is  endangered  by  reason  of  the  stacking 
of  any  hay  or  straw,  he  shall  notify  the  owner  of  said  hay  or  straw 
in  writing  to  remove  the  same,  and  if  said  owner  does  not  remove  the 
said  hay  or  straw  within  twenty-four  hours  from  the  servici  of  said 
notice,  the  chief  of  the  fire  department  shall  cause  the  same  to  be  re¬ 
moved  at  the  expense  of  said  owner. 

Violations  of  Sections  25  and  26.  Section  27.  Any  person  violating 
the  provisions  of  either  of  the  last  two  preceding  sections,  or 
neglecting  or  refusing  to  remove  said  hay  or  straw  within  twenty-four 
hours  after  having  been  notified  so  to  do  by  the  chief  of  the  fire  de¬ 
partment,  shall  be  subject  to  a  fine  of  not  less  tnan  two  dollars  nor 
more  than  ten  dollars. 

Violation  of  This  Chapter  for  Which  no  Penalty  Provided.  Section 
28.  If  any  person  shall  violate  any  provision  of  this  chapter  for  whk-h 
a  penalty  is  not  already  provided  for  therein,  he  shall  be  subject  to  a 
fine  of  not  less  than  one  dollar  nor  more  than  one  hundred  dollars. 


166  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


CHAPTER  III. 

POLICE  DEPARTMENT. 

Who  Compose  the  Police  Department.  Section  1.  The  police  de¬ 
partment  of  the  city  of  Madison  shall  consist  of  one  chief  to  be  known 
as  “chief  of  police,”  one  captain,  to  be  known  as  “captain  of  police,” 
one  detective,  nine  regular  policemen,  and  such  special  policemen,  to 
serve  from  year  to  year  without  pay,  and  such  special  policemen,  to 
serve  temporarily  in  time  of  emergency,  as  may  be  appointed  by  the 
chief  of  police  with  the  approval  of  the  board  of  police  and  fire  com¬ 
missioners. 

Appointment  of  Members;  Duties.  Section  2.  The  chief  of  police 
shall  be  appointed  by  the  board  of  police  and  fire  commissioners;  the 
captain  of  police  and  the  detective  shall  be  appointed  by  the  chief, 
with  the  approval  of  said  board,  from  the  regular  police  force;  all 
other  regular  and  special  policemen  shall  be  appointed  by  the  chief 
from  lists  furnished  and  approved  by  the  board  of  police  and  fire  com¬ 
missioners.  The  chief  shall  be  responsible  for  the  efficiency  of  the 
police  department,  and  the  chief,  the  captain,  and  all  regular  policemen 
shall  devote  all  their  time  to  the  work  of  their  department,  and  shall 
not  engage  in  any  other  business.  The  captain  shall  discharge  the 
duties  of  the  cnief  of  police  in  case  of  the  absence  or  disability  of  the 
chief. 

Chief  of  Police — Duties.  Section  3.  The  chief  of  police  shall  have 
and  exercise  a  general  supervision  over  the  police  department.  It 
shall  be  the  duty  of  the  chief  of  police  and  of  all  police  officers  to  pre¬ 
serve  the  public  peace,  and  to  suppress  all  riots,  disturbances  and 
breaches  of  the  peace,  and  they  shall,  with  or  without  process,  appre¬ 
hend  all  disorderly  persons  or  disturbers  of  the  peace  and  take  them 
before  the  municipal  court. 

Chief  of  Police — Duties  Continued.  Section  4.  The  chief  of  police 
shall  see  that  all  ordinances  are  enforced,  and  whenever  any  vio¬ 
lation  thereof  shall  come  to  his  knowledge,  whether  by  personal  obser¬ 
vation  or  by  information  from  others,  he  shall  make  complaint  and 
cause  the  person,  so  offending,  to  be  prosecuted.  He  shall  cause  the 
ordinances  in  reference  to  gambling  and  other  immorality  to  be  en¬ 
forced  to  the  complete  suppression  thereof. 

Chief  of  Police — Apprehend  Persons  Violating  State  Laws.  Sec¬ 
tion  5.  The  chief  of  police  shall  cause  to  be  apprehended  and  prose- 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  167 


cuted  all  persons  committing,  within  the  limits  of  this  city,  any 
offense  against  the  lav/s  of  the  state. 

Chief  of  Police — Charge  of  Public  Bath-Houses,  Patrol  Wagon,  and 
City  Ambulances.  Section  6.  The  chief  of  police  shall  have  charge 
and  supervision  of  the  public  bath-houses,  and  of  the  patrol' wagon  and 
the  city  ambulances,  and  see  that  they  are  properly  cared  for. 

Chief  of  Police — Prosecute  Persons  Selling  Liquor  Without  a  Li¬ 
cense.  Section  7.  The  chief  of  police  shall  keep  a  record  of  all 
houses  licensed  for  the  sale  of  intoxicating  liquors,  and  he  shall  cause 
all  persons,  who  may  be  found  selling  without  license,  to  be  prosecuted. 

Chief  of  Police — To  Report  Violations  of  Excise  Law.  Section  8. 
If  any  person  licensed  to  sell  intoxicating  liquors  shall  be  convicted  of 
any  violation  of  the  excise  laws  or  of  any  ordinance,  the  chief  of  police 
shall  report  that  fact  to  the  common  council  at  its  next  regular  meeting. 

Arrest — Commitments — Assistance — Liability  for  Resistance  to. 

Section  9.  Whenever  in  the  execution  of  any  duty  it  shall  be  necessary 
to  make  any  arrest  or  commitment,  the  chief  of  police  or  any  police 
officer  may  if  necessary  command  any  person  to  assist  him  in  so  doing 
and  may  employ  such  force  as  may  be  necessary  for  the  purpose.  If 
any  person  shall  resist,  or  aid  or  countenance  any  person  in  resisting 
any  police  officer  or  other  person  assisting  him  in  the  execution  of  any 
duty,  or  shall  refuse  to  aid  him  or  them  when  called  upon,  he  shall  be 
subject  in  either  case  to  a  fine  of  not  less  than  five  dollars  and  not  ex¬ 
ceeding  one  hundred  dollars. 

Chief  of  Police — To  Keep  Record  of  Moneys.  Section  10.  When  any 
money  shall  be  paid  to  the  chief  of  police,  on  execution,  or  by  any  per¬ 
son  on  account  of  any  fine  or  penalty  or  for  fees  received  by  him  or 
any  police  officer,  it  shall  be  his  duty  to  make  a  record  thereof  in  a 
book  to  be  kept  by  him  for  that  purpose,  and  to  pay  said  money  over  to 
the  city  treasurer. 

Chief  of  Police — To  Make  Report  to  Council.  Section  11.  The  chief 
of  police  shall  report  quarterly  to  the  common  council,  or  oftener  if 
required,  an  account  of  all  moneys  received  by  him,  accompanied  with 
the  treasurer’s  receipt  therefor.  He  shall  also  report  a  detailed  state¬ 
ment  of  all  moneys  necessarily  expended  or  expenses  necessarily  in¬ 
curred  by  him,  in  and  about  the  duties  of  his  office,  and  furnish  proper 
vouchers  therefor  whenever  practicable.  He  shall  report  to  the  com¬ 
mon  council  during  the  month  of  February  in  each  year  the  work  done 
by  the  police  department  during  the  preceding  year,  ending  December 
31.  also  the  condition,  needs  and  defects  of  the  department,  and  shall 
make  such  recommendations  as  to  him  may  seem  necessary  and  proper. 


1GS 


GENERAL  ORDINANCE  OF  THE  CITAr  OF  MADISON. 


Policemen — Uniforms — Failure  to  Wear  Same.  Section  12.  All 
regular  policemen,  excepting  the  chief  ancl  captain  of  police  and  such 
officers  as  may  be  assigned  by  the  chief  for  detective  duties,  shall 
within  thirty  days  after  their  appointment,  provide  themselves  with 
appropriate  uniforms,  such  as  shall  be  prescribed  by  the  board  of  police 
and  fire  commissioners  and  the  chief  of  police,  and  shall,  when  on  duty, 
wear  full  uniforms  with  a  star  conspicuously  displayed  upon  the  left 
breast.  Any  policeman  who  shall  fail  to  so  provide  himself  with  a 
uniform  and  wear  the  same  shall  be  deemed  to  have  vacated  his  office. 

Policemen — Salaries.  Section  13.  The  regular  members  of  the  po¬ 
lice  force  shall  receive  the  following  salaries:  Chief  of  police  one  hun¬ 
dred  dollars  per  month;  captain  of  police,  eighty  dollars  per  month;  de¬ 
tective,  seventy  dollars  per  month;  each  patrolman,  fifty-five  dollars 
per  month  for  the  first  year  of  service;  sixty  dollars  per  month  for  the 
second  and  third  years  of  continuous  service,  and  sixty-five  dollars 
per  month  for  the  fourth  and  each  succeeding  year  of  continuous  serv¬ 
ice;  merchants’  night  watch  at  the  city  buildings,  twenty  dollars  per 
month;  special  policemen,  appointed  for  temporary  purposes  in  time  of 
emergency,  not  to  exceed  two  dollars  a  day  for  time  actually  served. 
The  above  salaries,  except  the  salary  of  night  watch,  shall  be 
in  lieu  of  all  fees,  percentages  and  commissions,  and  all  fees,  percent¬ 
ages  and  commissions  of  every  kind,  other  than  rewards  offered  for 
the  apprehension  of  criminals,  shall  be  paid  into  the  city  treasury. 

Liability  of  Police  Officers.  Section  14.  Any  police  officer  who 
shall  wilfully  neglect  or  refuse  to  perform  any  duty  required  of  him  by 
any  ordinance  shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dol¬ 
lars  nor  more  than  one  hundred  dollars. 


CHAPTER!  IV. 

LICENSES  AND  THE  REGULATION  AND  CONTROL ‘OF  LICENSED 

OCCUPATIONS. 

Not  Granted  for  the  Sale  of  Liquor  in  Certain  Parts  of  the  City, 

Section  1.  No  license  shall  be  issued  for  the  sale  of  intoxicating  liquor 
as  a  beverage  on  any  lot  fronting,  bordering  or  touching  on  Langdon 
street,  or  on  that  part  of  State  street  extending  from  Park  street  to 
Gilman  street,  or  on  that  part  of  Murray  street  extending  from  Lake 
Mendota  to  the  right  of  way  of  the  Illinois  Central  Railway  Company, 
or  on  that  part  of  Lake  street  extending  from  Fourth  lake  to  Johnson 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


16<> 


street,  or  on  that  part  of  Frances  street  extending  from  Fourth  lake  to 
University  avenue,  or  on  that  part  of  Park  street  extending  from  Fourth 
lake  to  Johnson  street,  or  on  that  part  of  University  avenue  extending 
from  Charter  street  to  Lake  street,  until  the  property  owners  of  said 
district  shall  otherwise  petition,  and  the  common  council  shall  other¬ 
wise  direct. 

Gambling  and  Disorder  Not  to  Be  Allowed  on  Premises — Liquor  Not 
to  Be  Sold  or  Given  to  Minor's  or  Drunkards — Nor  on  Election  Day — 

Section  2.  No  person  licensed  under  this  chapter,  and  under  the  pro¬ 
visions  of  the  statutes  of  Wisconsin,  and  no  person  employed  by  or  act¬ 
ing  for  him  shall  at  any  time  permit  any  gaming  for  money,  or  any 
article  or  thing  of  value,  within  his  premises,  or  within  any  outhouse, 
yard  or  shed  appertaining  to  the  same  or  suffer  or  permit  any  drunken¬ 
ness,  reveling,  quarreling,  fighting,  or  any  other  disorderly  or  immoral 
conduct  therein,  or  sell  or  give  away  any  intoxicating  liquor  to  any 
minor  or  sell  or  give  away  such  liquor  to  any  persons  intox¬ 
icated  or  bordering  on  the  state  of  intoxication,  or  known  to  be  an 
habitual  drunkard,  or  'suffer  or  permit  any  person  to  give  away  upon 
his  premises  any  intoxicating  liquor  to  any  minor,  or  to  any  person 
intoxicated  or  bordering  on  the  state  of  intoxication,  or  known  to  be  an 
habitual  drunkard,  or  sell  or  give  away  intoxicating  liquor  on  any  elec 
ticn  day;  and  any  person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than 
fifty  dollars,  and  the  mayor  on  such  conviction  may  suspend  such 
license  until  the  next  meeting  of  the  council,  and  the  common  council 
may  also  revoke  and  annul  the  license  of  such  person  as  shall  violate 
any  part  of  this  section,  as  provided  in  sections  1558  and  1559  of  the 
revised  statutes. 

Sale  of  Liquor  Without  License.  Section  3.  Every  person  who 
shall,  directly  or  indirectly  deal  in,  sell,  barter  or  for  the  purpose  of 
evading  this  ordinance  or  any  law  of  the  state,  give  away  or  knowingly 
permit  the  same  to  be  done  on  his  premises  any  vinous,  spirituous,  malt 
or  fermented  liquors,  without  first  having  obtained  a  license  therefor, 
shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  or  in  lieu  of  such  fine,  to  imprisonment  in  the  county  jail 
not  exceeding  sixty  days  nor  less  than  twenty  days;  and  in  case  of  a 
second,  or  any  subsequent  conviction  for  such  offense  committed  with¬ 
in  any  twelve  consecutive  months,  shall  be  subject  to  both  such  fine 

and  such  imprisonment  in  the  discretion  of  the  court. 

/  *  , 

Duty  of  Clerk  to  Keep  List  of  Licenses — Give  Copy  to  Chief  of  Po¬ 
lice.  Section  4.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a  list  of 


170  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


all  persons  to  whom  licenses  shall  be  issued  under  this  chapter,  and 
to  give  a  copy  thereof  to  the  chief  of  police,  whose  duty  it  shall  be  to 
notice  and  inquire  thoroughly  into  all  infractions  of  any  ordinance  of 
this  city  relating  to  licenses  that  may  come  to  his  knowledge,  and 
cause  the  person  guilty  of  the  same  to  be  prosecuted. 

Shows,  Etc.,  to  Have  a  License — Board  to  Determine  License — Issue 
of  License.  Section  5.  No  circus  shall  be  exhibited  and  no  show,  pub¬ 
lic  exhibition,  or  theatrical  performance  shall  be  given  until  a  license 
is  obtained  therefor.  The  mayor,  city  treasurer,  city  clerk,  and  the 
chairman  of  the  license  committee  of  .the  common  council  shall  consti¬ 
tute  a  board  which  shall  determine  the  amount  of  license  to  be 
charged  to  any  show,  exhibition,  circus,  theatrical  performance  or  to 
any  established  theater  or  opera  house;  provided,  that  when  any 
license  shall  be  issued  to  an  established  theater  or  opera  house  for  any 
definite  term  not  exceeding  one  year,  no  license  fee  shall  be  imposed 
upon  any  company  or  person  exhibiting  in  said  theater  or  opera  house 
during  said  time.  It  shall  be  the  duty  of  the  clerk,  upon  the  granting 
of  such  license  and  the  presentation  of  a  receipt  from  the  city  treasurer 
for  the  payment  of  such  license  fee,  to  issue  a  written  license  to  the 
person  applying  therefor.  Any  person  who  shall  give  any  exhibition 
without  having  obtained  a  license  as  herein  provided  for  shall  be  sub 
ject  to  a  fine  of  not  less  than  five  dollars  nor  more  than  three  hundred 
dollars  for  each  offense. 

License  to  Sell  at  Auction.  Section  6.  No  person  shall  sell  at  auc¬ 
tion  any  goods,  wares,  merchandise  or  other  property,  the  sale  of 
which  is  subject  to  a  tax  under  the  provisions  of  section  nine  of  this 
chapter,  without  first  having  obtained  a  license  therefor,  as  herein¬ 
after  prescribed.  Any  person  offending  against  the  provisions  of  this 
section  shall  be  subject  to  a  fine  of  fifty  dollars  for  each  offense,  be¬ 
sides  the  amount  of  the  license  fee  provided  for  in  this  chapter. 

Auction  License — How  Granted — Duration.  Section  7.  Licenses 
for  selling  goods,  wares,  merchandise  and  other  property  at  auction 
may  be  granted  by  the  common  council,  and  shall  be  signed  by  the 
mayor  and  city  clerk,  and  no  license  shall  be  issued  for  any  period 
of  time  other  than  one  year,  nor  shall  the  same  be  assigned,  except  by 
the  consent  of  the  common  council,  and  if  assigned,  a  new  bond  shall 
be  filed  by  the  assignee. 

Auction  License — Fee — Bond.  Section  8.  Before  any  such  license 
shall  be  issued,  the  person  applying  therefor  shall  pay  into  the  treas¬ 
ury  of  the  city  isuch  sum  as  shall  be  determined  upon  by  the  common 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  171 


council,  not  less  than  five  nor  more  than  fifty  dollars,  and  shall  file 
with  the  clerk  a  good  and  sufficient  bond,  executed  to  the  city  treas¬ 
urer,  in  the  penal  sum  of  five  hundred  dollars,  with  two  or  more 
.good  and  sufficient  sureties  to  be  approved  by  the  mayor,  conditioned 
that  such  applicant  will  pay  to  the  said  treasurer  all  isums  of  money 
and  perform  all  duties  and  obligations  by  any  law  or  ordinance  due 
or  required  of  him  as  auctioneer. 

Two  Per  Cent.  Fee  on  Auction  Sales — Auctioneer  to  Make  Monthly 
Report — Exceptions.  Section  9.  There  shall  be  paid  to  the  city  treas¬ 
urer,  on  all  sales  of  goods,  wares,  merchandise  and  other  property 
made  at  auction  within  this  city,  two  per  centum  upon  the  amount 
of  all  such  sales  as  a  license  fee,  in  addition  to  that  required  by 
section  eight  of  this  chapter,  and  every  auctioneer  shall  at  the  end  of 
•each  and  every  month,  make  to  the  clerk  of  this  city  a  full  and  correct 
report,  verified  by  his  affidavit,  showing  the  amount  of  such  sales  made 
by  him,  subsequent  to  the  date  of  his  last  preceding  report.  In  case 
default  be  made  by  any  such  auctioneer,  either  in  making  such  report 
or  in  paying  such  tax,  for  ten  days  after  the  expiration  of  said  month, 
such  auctioneer  shall  thereby  forfeit  his  license,  and  be  subject  to  a 
fine  of  fifty  dollars,  besides  the  amount  of  tax  payable  by  this  ordinance 
on  sales;  provided,  that  nothing  in  this  chapter  shall  extend  to  any  sale 
by  auction  of  goods,  wares  and  merchandise,  or  other  property,  made 
by  virtue  of  any  chattel  mortgage,  or  of  any  rule,  order  or  judgment  of 
any  court,  or  by  virtue  of  any  law  for  the  collection  of  any  tax  or 
duty,  or  to  any  sale  of  property  belonging  either  to  this  state  or  the 
United  States,  or  made  in  consequence  of  any  general  assignment  for 
the  benefit  of  creditors,  or  made  by  or  on  behalf  of  any  executor  or 
administrator  or  trustee  in  bankruptcy  or  any  sale  of  household  fur¬ 
niture  which  has  been  used  as  such,  or  the  sale  of  stocks  by  mer¬ 
chants  residing  in  this  city,  who  have  paid  the  taxes  levied  on  such 
stocks. 

Auctioneer  to  Keep  a  Sale  Book — Open  to  Inspection — Duty  of  Clerk 
to  Compare  with  Monthly  Statement.  Section  10.  Each  auctioneer 
licensed  under  this  ordinance  shall  keep  a  sale  book,  which  shall  con¬ 
tain  a  complete  and  detailed  statement  and  account  of  all  goods, 
wares,  merchandise  and  property  sold  by  him,  his  agents  and  assist¬ 
ants  at  auction,  which  said  book  shall  be  open  to  the  inspection  of  the 
city  clerk,  and  all  other  persons  desiring  to  examine  the  same;  and 
the  city  clerk  shall  each  month  compare  the  sworn  statement  herein¬ 
before  mentioned,  with  the  books  of  the  auctioneer  rendering  the 
.same,  and  if  the  city  clerk  shall  have  reason  to  believe  that  the 


172 


GENERAL,  ORDINANCE  OF  THE  CITY  OF  MADISON. 


monthly  statement  of  the  auctioneer  is  untrue  or  incorrect  he  shall 
report  the  facts  to  the  council. 

Licence  for  Roller  Skating  Rink — Fee.  Section  11.  No  person  shall 
keep  or  maintain  any  roller  skating  rink,  or  other  place  of  whatsoever 
name  where  for  money  or  other  consideration  roller  skating  is  per¬ 
mitted,  without  first  obtaining  a  license  therefor.  Such  a  license  may 
be  granted  by  the  common  council  on  the  payment  into  the  city  treas¬ 
ury  of  the  sum  of  two  hundred  dollars.  Any  person  violating  this  sec¬ 
tion  shall  be  subject  to  a  fine  of  not  less  than  fifty  dollars,  nor  more 
than  one  hundred  dollars. 

Hack  License — Fee — Hack  Number.  Section  12.  No  person  shall, 
for  hire  or  reward,  use  for  conveyance  of  passengers  from  one  part 
cf  the  city  to  another  part  thereof,  any  hack,  cab,  wagon,  omnibus  or 
other  vehicle,  without  having  first  obtained  a  license  therefor,  and 
paying  into  the  city  treasury  the  sum  of  ten  dollars  for  each  hack, 
cab,  wagon,  omnibus  or  other  vehicle  so  used  by  such  person.  Said 
license  shall  be  signed  Dy  the  mayor  and  city  clerk,  and  shall  be  for  the 
term  of  one  year,  and  shall  state  the  number  of  such  vehicles,  which 
the  person  to  whom  the  same  is  issued  shall  be  entitled  to  use  for  said 
purposes,  and  shall  designate  the  number  which  each  such  vehicle 
shall  bear,  and  it  shall  be  the  duty  of  the  person  to  whom  such  license 
is  issued  to  place  and  maintain  such  number  conspicuously  upon  each 
such  vehicle.  A  record  of  each  such  license  shall  be  kept  by  the  city 
clerk. 

Hack  Stands — Solicitations  of  Passengers — Conduct  of  Hackmen. 

Section  13.  Such  place  as  the  superintendent  of  streets  may,  from 
time  to  time,  designate,  shall  be  the  authorized  stand  for  hacks,  cabs, 
wagons,  omnibuses  or  other  vehicles,  and  all  persons  are  forbidden  to 
use  any  other  place  as  a  stand,  except  by  special  permission  of  the 
common  council.  No  person  shall  solicit  passenger's  in  a  loud  or  bois¬ 
terous  manner,  or  obstruct  the  cross  walks  or  side  walks  in  the  vicinity 
of  said  stand.  And  any  hackman,  cabman,  omnibus  driver,  expressman 
or  job  wagon  man,  or  any  other  person  engaged  in  soliciting  or  pro¬ 
curing  passengers  for  any  of  the  above  vehicles  named,  who  shall 
while  waiting  for  employment  at  any  railroad  depot,  leave  such 
vehicle,  except  for  the  purpose  of  getting  the  baggage  or  other  per¬ 
sonal  property  of  the  person  employing  him,  or  who  shall  snap  or 
flourish  his  whip,  or  use  indecent  or  profane  language,  or  be  guilty  of 
boisterous  or  loud  talking,  or  hallooing,  or  any  disorderly  conduct,  or 
vex  or  annoy  travelers  and  citizens,  or  obstruct  any  sidewalk  or  cross- 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  173 


walk,  shall  be  subject  to  a  fine  of  not  less  than  two,  nor  more  than  ten 
dollars  in  every  case. 

Hack  Charges.  Section  14.  Charges  for  the  conveyance  of  passen¬ 
gers  and  baggage  by  hacks,  cabs,  wagons  and  omnibuses  shall  be  as 
follows:  For  conveying  one  passenger  not  exceeding  one  mile,  twenty- 
live  cents;  for  conveying  one  passenger  more  than  one  mile,  fifty 
cents  and  twenty-five  cents  for  each  additional  passenger;  for  carrying 
each  trunk  to  any  point,  twenty-five  cents.  No  extra  charge  shall  be 
made  for  hand  luggage.  All  distances  shall  be  computed  on  a  straight 
line. 

Duty  cf  Police  as  to  Hackmen,  Etc.  Section  15.  Any  member  of  the 
police  department  shall  have  power  to  arrest  and  commit  any  person 
offending  in  any  manner  against  the  provisions  of  the  three  preceding 
sections  or  who  refuses  or  fails  to  desist  from  such  offense  when  com¬ 
manded;  and  they  shall  have  power  to  give  any  direction  which  may 
be  required  for  the  preservation  of  good  order,  and  the  equal  conven¬ 
ience  of  the  public  at  any  railroad  depot.  Any  hackman,  cabman,  omni¬ 
bus,  express,  or  job  wagon  driver,  or  any  other  person  who  shall  re¬ 
fuse  or  neglect  to  obey  such  directions,  or  who  shall  resist  such  officer 
in  the  discharge  cf  any  duty,  shall  be  deemed  guilty  of  a  breach  of  the 
peace,  and  be  subject  to  immediate  arrest  and  commitment,  and  shall 
be  subject  to  a  fine  of  not  less  than  two  dollars,  and  not  exceeding  one 
hundred  dollars. 

Billiard,  Pool,  Shooting  Gallery  and  Bowling  Licenses — Mow  Granted 

— Fee.  Section  16.  No  person  shall  keep  in  this  city  any  public  shoot¬ 
ing  gallery  or  ten  pin  or  bowling  alley  or  saloon,  or  any  billiard  or  pool 
table,  wherein,  or  whereon,  such  person  shall  permit,  for  any  reward, 
any  person  to  play  at  any  game  of  billiards,  pool  or  ten  pins,  or  any 
other  game  or  games  whatsoever,  unless  such  person  shall  first  obtain 
a  license  therefor.  Any  person  violating  the  provisions  of  this  section 
shall  be  subject  to  a  fine  of  not  less  than  ten  nor  more  than  twenty- 
five  dollars. 

License  for  Selling  Patent  Medicines,  Etc. — Fee.  Section  17.  It 
shall  be  unlawful  for  any  person,  except  he  be  a  merchant  or  other  per¬ 
son  doing  business  in  this  city  or  a  resident  thereof,  to  sell  any  patent 
medicine,  soap,  prize  packages,  or  any  other  articles  whatever,  except 
farm  produce,  upon  the  streets  or  street  corners  without  first  having 
obtained  a  license  therefor.  License  for  making  such  sales  may  be 
granted  in  the  manner  provided  by  section  five  of  this  chapter  and  up¬ 
on  payment  of  such  fee  as  may  be  fixed  by  the  license  board. 


174  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


Transient  Merchants — License — How  Obtained — Fee.  Section  18. 
No  transient  merchant,  trader  or  dealer,  as  defined  in  section  1570  of 
the  Wisconsin  statutes  for  1898,  either  for  himself  or  as  clerk,  agent 
or  employe  of  another,  shall  be  allowed  to  barter,  exchange,  sell  or 
offer  to  barter,  exchange  or  sell,  at  retail  or  to  consumers,  any  goods, 
wares,  merchandise,  notions  or  other  articles  of  trade  whatsoever, 
whether  by  sample  or  otherwise,  and  whether  said  goods,  wares  and 
merchandise,  notions  or  other  articles  of  trade  whatsoever  are  deliv¬ 
ered  at  the  time  of  sale  or  to  be  delivered  at  some  future  day  until  he 
shall  first  have  obtained  a  license  therefor  from  the  city.  The  fee  for 
such  license  shall  be  fixed  by  the  license  board  and  shall  not  be  less 
than  five  dollars  nor  more  than  twenty  dollars  per  day.  Any  person 
violating  this  section  shall  be  subject  to  a  fine  of  fifty  dollars. 

Sales  of  Bankrupt,  Etc.,  Stocks.  Section  19. Every  person  or  vendor 
not  a  permanent  merchant,  trader  or  dealer  in  the  city  of  Madison,  as 
defined  by  section  1570  of  the  Wisconsin  statutes  for  1898,  who- 
shall  sell  or  expose  for  sale,  at  public  or  private  sale,  or  sell  at 
auction  or  otherwise,  any  goods,  wares  or  merchandise,  and  shall  ad¬ 
vertise,  represent  or  hold  forth  such  sale  as  an  insurance,  bankrupt, 
insolvent,  assignee,  trustee,  estate,  executor,  administrator,  receiver, 
second-hand,  job-lots  or  closing  out  sale,  or  sale  of  any  goods  damaged 
by  smoke,  fire,  water  or  otherwise,  or  in  any  similar  form,  or  that  by 
reason  of  financial  difficulties  or  other  special  or  peculiar  circum¬ 
stances,  such  goods,  wares  and  merchandise  will  be  disposed  of  for 
less  than  the  real  value  thereof,  shall,  before  doing  so,  take  out  a  li¬ 
cense  as  hereinafter  provided. 

License — How  Obtained — Fee.  Section  20.  License  to  sell  such 
goods,  wares  or  merchandise  or  to  conduct  any  such  sale  a g  mentioned 
in  the  preceding  section,  may  be  obtained  from  the  city  clerk  on  the 
payment  of  twenty  dollars  for  each  and  every  day,  goods,  wares  and 
merchandise  shall  be  offered  or  exposed  for  sale,  or  leased  with  the 
option  to  sell.  Such  license  shall  not  be  transferable  nor  give  author¬ 
ity  to  more  than  one  person  to  sell  goods  in  such  manner  either  by 
agent,  or  clerk,  or  in  any  other  way  than  in  his  own  proper  person, 
but  any  licensee  may  have  the  assistance  of  one  or  more  persons  in 
conducting  his  business,  who  shall  have  authority  to  aid  their  prin¬ 
cipal,  but  not  to  act  for  or  without  him;  provided,  however,  that  any 
agents  having  charge  of  the  business  of  such  licensee,  in  conducting 
his  business,  shall  be  liable  to  the  penalty  prescribed  by  this  section 
in  case  such  person  shall  advertise  to  sell  any  such  goods,  wares  or 


GENERAL.  ORDINANCE  OF  THE  CITY  OF  MADISON. 


175 


merchandise,  and  such  licensee  shall  not  have  complied  with  all  of  the 
piovisions  of  this  and  the  preceding  section.  Any  person  violating  the 
provisions  of  this  or  the  preceding  section  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars 
for  each  and  every  offense.  Each  advertisement  or  sale  made  in  con¬ 
travention  of  the  provisions  of  this  or  the  preceding  section  shall  be 
deemed  a  distinct  offense,  and  shall  subject  the  offender  to  the  penalty 
herein  prescribed. 

Drain  Layers’  License — Application — Fee.  Section  21.  No  person 
shall  lay  or  repair  any  house  drain,  or  make  any  connection  whatever, 
with  any  sewer  belonging  to  the  city,  or  do  any  kind  of  work  connected 
with  the  laying  of  house  drains,  or  make  any  repairs,  additions  to  or 
alterations  of  any  pipe,  drain,  sewer  or  other  fixture  connected  or  de¬ 
signed  to  be  connected  with  a  public  sewer,  unless  regularly  licensed 
by  the  common  council.  For  such  license  he  shall  pay  the  sum  of  five 
dollars  per  year.  Any  person  desiring  such  a  license  shall,  before  re¬ 
ceiving  the  same,  file  in  the  office  of  the  city  clerk  his  application  in 
writing,  giving  his  name  and  the  name  of  his  firm  or  company  and 
place  of  business,  and  asking  to  become  a  licensed  drain  layer.  Said 
application  must  be  signed  by  two  responsible  citizens,  vouching  for 
the  business  capacity  and  reputation  of  the  applicant  and  that  he  is  a 
master  of  his  trade.  Such  application  shall  state  that  the  applicant  is 
willing  to  be  governed  in  all  respects  by  the  rules  and  regulations 
which  have  been  or  may  be  adopted  by  the  common  council.  Every 
drain  layer  shall  be  subject  to  all  and  singular  the  rules,  regulations 
and  penalties  which  now  exist  or  may  hereafter  be  adopted  by  the  com¬ 
mon  council.  Such  license  may  be  renewed  annually  upon  the  payment 
of  fifty  cents  and  the  filing  and  approval  of  a  bond  as  provided  in  the 
next  section. 

Bond.  Section  22.  Before  receiving  a  license  the  applicant  shall 
give  a  bond  to  the  city  in  the  sum  of  one  thousand  dollars,  with  two 
or  more  sufficient  sureties  to  be  approved  by  the  mayor  and  city  clerk, 
conditioned  that  he  will  indemnify  and  save  harmless  the  city  of  Madi¬ 
son  for  and  from  all  damages  caused  by  any  negligence  in  protecting 
his  work  or  by  any  unfaithful,  imperfect,  or  inadequate  work  done  by 
him,  and  that  he  will  observe  all  ordinances,  rules,  and  regulations, 
with  respect  to  excavations  and  obstructions  in  the  streets. 

Cement  Walk  Layer’s  License.  Section  23.  No  person  shall  con¬ 
struct  or  lay  any  cement  or  granolithic  sidewalk  upon  any  of  the 
streets  without  first  naving  obtained  a  license  from  the  common  coun¬ 
cil  as  a  cement  walk  layer.  Any  person  desiring  to  obtain  such  license 


176  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


shall  pay  a  fee  of  twenty-five  dollars,  and  shall  at  the  time  of  applying 
for  such  license  give  a  bond  to  the  city  of  Madison  in  the  sum  of  one 
thousand  dollars,  with  two  sufficient  sureties  to  be  approved  by  the 
mayor  and  city  clerk,  conditioned  that  such  applicant  will  comply  with 
all  the  rules  and  regulations  and  specifications  adopted  by  the  common 
council  or  made  by  the  city  surveyor  in  relation  to  the  construction 
and  laying  of  walks  and  that  such  applicant  will  pay  all  damages,  costs 
and  expense  caused  by  the  negligence  of  himself  or  his  servants,  or 
occasioned  by  his  or  their  failure  to  comply  with  such  rules,  regula¬ 
tions  and  specifications.  Such  license  may  be  renewed  annually  upon 
the  payment  of  fifty  cents  and  the  filing  and  approval  of  a  bond  as 
above  provided,  but  this  section  shall  not  apply  to  any  person  who 
shall  lay  or  construct  his  own  walk. 

Steamboat  License.  Section  24.  No  person  shall  run  or  navigate 
any  steamboat  carrying  passengers  for  hire  upon  the  waters  of  Lake 
Monona  or  Mendcta  without  being  first  duly  licensed  as  herein  pro¬ 
vided,  and  every  person  who  shall  so  do  shall  be  subject  to  a  fine  of  not 
less  tnan  ten  dollars  nor  more  than  one  hundred  dollars  and  a  like  fine 
for  each  day  after  conviction,  under  this  section,  that  any  such  steam¬ 
boat  shall  be  navigated  as  aforesaid  without  such  license. 

Applications  for  License — How  and  When  Granted — Fee — Private 
Boats  Excepted  Section  25.  All  applications  for  steamboat  licenses 
under  this  chapter  shall  be  made  to  the  mayor  and  clerk  who  shall 
issue  the  same,  and  every  such  application  shall  contain  the  name  of 
the  steamboat,  if  any,  and  the  name  of  the  person  who  is  to  run  and 
navigate  the  same.  Each  license  issued  under  this  ordinance  shall  be 
signed  by  the  mayor  and  clerk  and  shall  expire  on  the  first  day  of  May 
following  the  date  of  its  issue.  No  license  pursuant  hereto  shall  be 
assignable,  or  inure  to  the  benefit  of  any  other  than  the  person  to 
whom  the  same  was  issued,  and  no  license  shall  be  issued  until  the 
applicant  shall  have  first  paid  into  the  city  treasury  the  license  fee 
which  is  hereby  established  as  follows:  for  each  boat  licensed  to  carry 
two  hundred  or  more  passengers,  the  sum  of  fifteen  dollars  per  year; 
for  each  boat  licensed  to  carry  from  twenty-five  to  two  hundred  passen¬ 
gers,  the  sum  of  ten  dollars  per  year;  for  each  boat  licensed  to  carry 
twenty-five  or  less,  five  dollars  per  year;  but  no  license  shall  be 
issued  until  the  mayor  and  city  clerk  have  become  fully  satisfied  that 
the  steamboat  has  been  duly  inspected  as  hereinafter  required,  and 
that  the  person  who  is  to  run  or  navigate  the  same,  is  competent  and 
not  addicted  to  the  excessive  use  of  intoxicating  drink,  and  possesses 
sufficient  skill  to  navigate  the  same  with  safety  to  all  concerned. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON". 


177 


Appointment  of  Steamboat  Inspector  and  His  Duties.  Section  26. 
After  each  annual  election  the  mayor  shall,  by  and  with  the  consent 
of  the  council,  appoint  some  competent  person  as  steamboat  inspector, 
whose  duty  it  shall  be,  within  ten  days,  or  as  soon  thereafter  as  possi¬ 
ble,  after  his  appointment,  to  cause  to  be  inspected  and  carefully  ex¬ 
amined,  every  steamboat  run  or  navigated  upon  either  of  said  lakes 
for  the  transportation  of  passengers,  as  to  its  staunchness,  strength 
and  safety,  and  as  to  the  number  of  passengers  it  may  safely  carry, 
and  also  as  to  the  safety,  strength  and  fitness  of  the  boilers  used  on 
the  same,  and  it  shall  be  his  further  duty  to  inquire  into  and  ascertain, 
if  possible,  the  fitness  and  competency  of  all  persons  having  the 
charge  and  management  of  said  steamboat,  and  the  engines  and  boilers 
connected  therewith. 

Report  of  Steamboat  Inspector.  Section  27.  Immediately  after  the 
•examination  and  inspection  of  such  boats,  as  provided  for  in  the  next 
preceding  section,  it  shall  be  the  duty  of  said  inspector  to  make  and 
file  with  the  city  clerk  a  report  in  writing,  in  which  he  shall  set  forth 
among  other  things  the  name  of  each  boat  inspected  by  him;  the  name 
of  the  proprietor,  manager  and  engineer  of  the  same;  the  condition 
and  fitness  of  the  same  for  the  carriage  of  passengers,  and  the  number 
of  passengers  in  his  judgment  each  boat  will  safely  carry,  and  the 
competency  and  fitness  of  the  person  or  persons  having  the  manage¬ 
ment  of  the  same.  He  shall  al'so  at  the  same  time  make  duplicate 
certificates  of  the  number  of  passengers  each  of  such  boats  will  safely 
carry,  one  of  which  certificates  shall  be  filed  with  the  city  clerk  and  the 
other  he  shall  deliver  forthwith  to  the  proprietor  or  manager  of  the 
boat  named  in  said  certificate,  and  each  certificate  shall  be  conspicu¬ 
ously  displayed  upon  the  boat  named  in  such  certificate  at  all  times 
while  such  boat  shall  be  employed  in  the  conveyance  of  passengers. 

Compensation  of  Steamboat  Inspector.  Section  28.  The  said  in¬ 
spector  shall  receive  compensation  as  follows:  For  boats  licensed  to 
carry  two  hundred  or  more  passengers,  seven  dollars  fifty  cents  for 
each  boat  inspected;  for  boats  licensed  to  carry  from  twenty-five  to 
two  hundred  passengers,  five  dollars  for  each  boat  inspected;  for  boats 
licensed  to  carry  twenty-five  passengers  or  less,  two  dollars  fifty  cents 
for  each  boat  inspected.  All  expenses  incurred  in  carrying  out  the 
provisions  of  the  two  preceding  sections  shall  be  paid  by  the  city. 

Revocation  of  License — Fine.  Section  29.  Every  proprietor,  man¬ 
ager  or  person  who  shall  navigate  or  run  any  boat  for  the  carriage  of 
passengers  on  either  of  said  lakes,  who  shall  at  any  time  receive,  take 

12 


178  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


or  transport  upon  a  licensed  steamboat  a  greater  number  of  persons 
than  that  named  in  the  said  inspector’s  certificate,  shall  forfeit  the  sum 
of  fifty  dollars,  as  a  penalty  for  each  offense,  and  upon  conviction 
thereof  it  shall  be  the  duty  of  the  mayor  to  revoke  his  license.  The 
mayor  may  in  his  discretion  revoke  the  license  granted  for  the  running 
of  any  such  boat,  whenever  any  such  boat  shall  become  unsafe  or  the 
managers  or  any  of  them,  in  his  judgment,  shall  become  incompetent 
for  any  cause. 

Fortune  Tellers,  Mind  Readers,  Palmists,  Clairvoyants  and  Mesmer¬ 
ists  to  Pay  License.  Section  30.  Every  person  who  practices  fortune 
telling,  mind  reading,  palmistry,  clairvoyancy  or  mesmerism,  for  money, 
shall  pay  a  license  fee  of  five  dollars  per  day  for  each  day  so  engaged. 
This  section  shall  not  apply  to  persons  giving  exhibitions  at  entertain¬ 
ments. 

Dog  License — Fee.  Section  31.  Any  person  owning  or  keeping  a 
dog,  whelp  or  bitch  shall,  on  or  before  the  first  day  of  April  of 
each  year,  obtain  a  license  for  such  dog,  whelp  or  bitch  and 
shall  pay  therefor  to  the  city  treasurer  the  sum  of  one  dollar  for 
each  dog  or  whelp,  and  two  dollars  for  each  bitch  owned  or  kept  by 
such  person.  On  payment  of  such  license  or  tax  the  city  treasurer 
shall  issue  to  the  person  obtaining  such  license  a  numbered  tag,  corre¬ 
sponding  to  the  number  of  such  license,  which  tag  shall  at  all  times 
be  worn  by  the  animal  for  which  such  license  is  obtained.  The  owner 
or  keeper  of  any  dog,  whelp  or  bitch,  who  fails  to  obtain  a  license  for 
such  animal,  or  who,  having  obtained  such  license,  shall  allow  his  ani¬ 
mal  to  run  at  large  without  such  tag,  shall  be  subject  to  a  fine  of  not 
less  than  three  nor  more  than  twenty-five  dollars. 

Dog  Catcher — His  Duties.  Section  32.  The  chief  of  police  shall,  an¬ 
nually,  on  the  first  day  of  May,  and  at  such  other  time  and  for  such 
length  of  time  as  he  may  deem  proper,  appoint  a  dog  catcher,  who  shall 
in  all  matters  relating  to  his  duty  as  dog  catcher  have  police  powers, 
and  whose  duty  it  shall  be  to  catch  and  impound  every  dog,  whelp  or 
bitch,  wherever  found,  not  wearing  the  license  tag  herein  provided  for. 
Said  dog  catcher  'shall  provide  a  suitable  pound  for  such  purpose,  and 
each  dog  caught  without  said  tag  shall  be  impounded  by  him  for  the 
space  of  forty-eight  hours.  The  dog  catcher  shall  release  and  deliver 
any  dog  so  impounded  to  any  person  claiming  such  dog  during  such 
time  who  presents  the  license  and  tag  herein  provided  for,  for  such 
dog,  whelp  or  bitch,  and  who  shall  pay  in  addition  thereto  to  said  dog 
catcher  the  sum  of  one  dollar,  which  sum  shall  be  retained  by  said  dog 
catcher,  in  full  payment  of  his  fees  in  such  matter.  Said  dog  catcher 


GENERAL,  ORDINANCE 


OF  THE  CITY  OF  MADISON.  179 


shall,  at  the  expiration  of  said  forty-eight  hours,  notify  the  chief  of 
police,  who  shall  thereupon  designate  a  police  officer  whose  duty  it 
shall  be  to  personally  see  that  such  dog,  whelp  or  bitch  is  shot  and 
properly  buried,  and  for  every  such  dog  so  captured,  kept  and  killed 
the  city  shall  pay  such  dog  catcher  the  sum  of  one  dollar.  The  dog 
catcher  shall  keep  an  accurate  list  and  description  of  every  dog,  whelp 
or  bitch  caught,  impounded,  redeemed  or  killed  by  him,  and  shall  each 
day  make  report  of  the  same  to  the  chief  of  police. 

Penalty  for  Violation  of  This  Chapter  Where  No  Penalty  Provided. 

Section  33.  Any  person  who  'shall  violate  any  of  the  provisions  of  this 
chapter  unless  another  penalty  is  hereinbefore  provided,  shall  be  sub¬ 
ject  to  a  fine  of  not  less,  than  five  dollars  nor  more  than  twenty-five 
dollars,  for  each  and  every  offense. 


CHAPTER  V. 

PUBLIC  HEALTH. 

The  Election  and  Organization  of  Board  of  Health — Appointment  of 
Health  Officer.  Section  1.  The  common  council  shall,  within  a 
reasonable  time  after  each  annual  election,  elect  from  their  own  mem¬ 
bers,  three  competent  persons  who  shall  constitute  the  board  of  health 
for  said  city,  who  shall  organize  by  the  election  of  a  chairman  and  clerk. 
Such  board  shall  within  ten  days  after  being  so  organized,  appoint 
a  competent  and  proper  person,  who  shall  be,  whenever  the  same  is 
practicable,  a  reputable  physician,  who  shall  be  the  health  officer  of 
the  city,  and  who  shall  hold  his  office  during  the  pleasure  of  the  board, 
and  shall,  during  his  term  of  office,  be  an  ex-officio  member  of  said 
board.  If  in  the  judgment  of  the  board  it  shall  be  necessary,  said 
board  may  appoint  a  competent  person  as  inspector  who  shall  act 
under  the  direction  of  the  said  board. 

Board  May  Make  Rules  and  Regulations — Duties  of  Board.  Section 
2.  The  board  of  health  may  take  such  measures  and  make  such  rules 
and  regulations  as  they  may  deem  most  effectual  for  the  preservation 
of  the  public  health,  and  it  shall  be  their  duty  to  examine  into  all 
nuisances,  sources  of  filth  and  causes  of  sickness,  and  make  such  rules, 
orders  and  regulations  respecting  the  same  as  they  may  judge  neces¬ 
sary  for  the  public  health  and  the  safety  of  the  inhabitants;  but  the 


180  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


board  shall  give  notice  of  all  orders  and  regulations  made  by  them  by 
the  publication  of  the  same  in  the  official  paper  of  the  city. 

Nuisances — Removal  of  Same — Notice.  Section  3.  Whenever 
any  nuisance,  source  of  filth  or  cause  of  sickness  shall  be  found  on 
private  property,  the  board  of  health  shall  order  the  owner  or  occupant 
thereof  to  remove  the  same  at  his  own  expense  within  twenty-four 
hours,  and  if  he  shall  refuse  or  neglect  to  comply  with  such  order,  he 
shall  be  subject  to  a  fine  of  not  less  than  ten  nor  more  than  one  hun¬ 
dred  dollars,  and  said  board  shall  cause  the  same  to  be  removed,  and 
the  city  shall  recover  the  expenses  incurred  thereby  from  the  said  own¬ 
er  or  occupant,  or  from  such  other  person  as  shall  have  caused  or  per¬ 
mitted  the  same.  In  case  the  owner  is  absent  from  the  city,  notice  to 
the  person  who  receives  the  rent  or  has  charge  of  the  property  shall  be 
deemed  notice  to  the  owner. 

Examination  of  Buildings,  Etc.,  by  Board — Refusal  of  Entry.  Section 
4.  Whenever  the  board  of  health  shall  think  it  necessary  for  the  pres¬ 
ervation  of  the  health  of  the  inhabitants  of  the  city  to  enter  any  build¬ 
ing  or  steamboat  in  the  city  for  the  purpose  of  examining  into  or  re¬ 
moving  or  preventing  any  nuisance,  source  of  filth,  or  cause  of 
sickness,  and  shall  be  refused  such  entry,  or  the  building  or  boat  is 
unoccupied,  any  member  of  the  board  or  the  health  officer  may  make 
complaint  under  oath  to  the  municipal  court  of  Dane  county,  stating 
the  facts  in  the  case,  and  such  court  shall  thereupon  issue  a  warrant 
directed  to  any  policeman  of  said  city,  commanding  him  to  take  suffi¬ 
cient  aid,  and  being  accompanied  by  two  or  more  members  of  the  board 
of  health,  between  the  hours  of  sunrise  and  sunset,  to  repair  to  the 
place  where  such  nuisance,  source  of  filth  or  cause  of  sickness  com¬ 
plained  of  may  be,  and  if  upon  inspection  the  same  shall,  in  the  judg¬ 
ment  of  such  members,  exist,  to  destroy  or  remove  the  same  under  the 
direction  of  the  board  of  health. 

The  Duty  of  Health  Physician — As  to  Enforcement  of  Rules — As  to 
Contagious  Diseases — To  Keep  a  Record.  Section  5.  It  shall  be  the 
duty  of  said  health  officer  to  see  that  all  orders,  rules  and  regulations 
made  by  said  board  are  enforced  and  carried  into  effect.  Upon  the 
appearance  of  smallpox,  diphtheria,  scarlet  fever,  Asiatic  cholera,  or 
any  other  dangerous  contagious  or  infectious  disease,  within  the  limits 
of  the  city,  it  shall  be  his  duty  to  immediately  investigate  all  the  cir¬ 
cumstances  attendant  upon  the  appearance  of  such  disease,  to  make 
full  report  thereof  to  said  board,  and  to  promptly  take  such  measures 
for  the  prevention,  suppression,  and  control  of  said  disease  as  may,  in 
his  judgment,  be  needful  and  proper,  subject  to  the  approval  of  the 


GENERAL  ORDINANCE  OF  TI1E 


CITY  OF  MADISON. 


181 


board;  and  to  quarantine  and  placard  any  house  or  building  within  said 
city  wherein  there  exists,  or  where  there  shall  have  recently  existed 
a  contagious  or  infectious  disease,  and  to  do  so  for  such  reasonable 
length  of  time  as  may  prevent  the  spread  of  the  disease.  It  shall  fur¬ 
ther  be  the  duty  of  such  health  officer  to  keep  and  transmit  to  the 
board  at  the  end  of  his  term  of  office  a  record  of  all  his  official  acts. 

Persons  Quarantined  Not  to  Leave  Premises.  Section  6.  No  per¬ 
son,  whether  afflicted  or  not  with  any  dangerous  contagious  or  infec¬ 
tious  disease  included  in  section  five  of  this  chapter,  shall  visit  or 
depart  from  any  premises  which  shall  have  been  quarantined  by  the 
proper  officer,  until  given  permission  by  the  proper  health  officer. 
Any  person  who  shall  violate  this  section  shall  be  subject  to  a  fine  of 
not  less  than  five  dollars  nor  more  than  five  hundred  dollars  or  to  im¬ 
prisonment  in  the  county  jail  for  not  more  than  six  months  or  by  both 
fine  and  imprisonment. 

Compensation  of  Health  Officer.  Section  7.  The  compensation  of 
the  health  officer  and  the  inspector,  if  any,  shall  be  determined  by  the 
board  of  health  subject  to  the  approval  of  the  common  council,  and 
all  expenses  incurred  in  carrying  out  the  provisions  of  this  chapter 
shall  be  paid  by  said  city,  except  as  otherwise  provided  in  this  chapter. 

Duty  of  Practicing  Physician  to  Give  Notice  of  Persons  Afflicted 
With  Contagious  Diseases.  Section  8.  Whenever  any  physician  prac¬ 
ticing  in  this  city  shall  know  that  any  person  whom  he  is  called  upon 
to  visit  is  afflicted  wth  any  of  the  diseases  mentioned  in  section  five  of 
this  chapter  or  any  other  disease  of  a  contagious  malignant  character 
he  shall  immediately  give  notice  thereof  to  the  board  of  health,  and 
any  physician  who  shall  refuse  or  neglect  to  give  such  notice  for  a 
period  of  twenty-four  hours  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars,  for  each  day  of  such 
refusal  or  neglect  after  the  expiration  of  said  twenty-four  hours. 

Inspector  and  Chief  of  Police  to  Examine  Premises — Health  In¬ 
spector  to  Examine  Sewer  Connections,  Etc.  Section  9.  It  shall  be 
the  duty  of  the  inspector  and  chief  of  police  and  each  of  them,  when¬ 
ever  they  may  deem  it  necessary,  and  whenever  they  shall  be  so  re¬ 
quired  by  the  board  of  health  in  order  to  promote  the  public  health,  to 
enter  upon  any  premises  and  into  any  house  to  ascertain  every  nuisance 
that  may  exist,  and  examine  into  the  condition  and  the  number  of  per¬ 
sons  inhabiting  such  house,  and  inspect  the  cellars,  privies,  cess-pools 
and  drains  of  such  premises,  and  cause  the  dispersion  or  removal  of 
families  or  persons  from  buildings  or  apartments  so  much  crowded  as 


182  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


to  be  suspected  of  being  infected  or  liable  to  be  infected  with  any  pesti¬ 
lential  or  other  dangerous  disease,  and  to  cause  the  abatement  and 
removal  of  such  nuisance  in  any  such  house,  or  on  such  premises.  The 
inspector  shall  have  the  right  to  enter  upon  any  premises  and  into  any 
house  to  ascertain  whether  or  not  such  house  or  premises  are  connected 
with  the  public  sewer  system  of  the  city,  and  to  examine  into  the  condi¬ 
tion  and  manner  of  the  construction  of  such  sewer  connection,  and  to 
inspect  the  cellars,  cess-pools,  privies,  drains,  and  grease-traps  on  such 
premises,  and  in  case  he  finds  any  violation  of  any  ordinance  of  the 
city  regulating  the  manner  of  construction  of  such  sewer  connections, 
or  in  the  manner  in  which  it  is  being  used  by  the  occupant  of  any 
building  or  premises,  he  shall  immediately  report  such  violation  to  the 
city  health  officer  and  to  the  city  surveyor. 

Removal  of  Persons  Afflicted  With  Infectious,  Etc.,  Diseases.  Sec¬ 
tion  10.  The  inspector  and  chief  of  police,  and  each  of  them,  is  au¬ 
thorized  to  remove,  or  cause  to  be  removed  (first  being  so  instructed 
by  the  board  of  health  or  health  officer),  any  person  afflicted  with  any 
dangerous  contagious,  malignant,  infectious  or  pestilential  disease,  to 
the  city  hospital,  or  such  place  as  may  be  deemed  expedient,  and  he 
shall,  under  the  direction  of  said  board  of  health,  destroy  any  furniture, 
clothing  or  other  property,  or  cause  it  to  be  removed  or  disinfected. 

Slaughtering  of  Animals — Disposal  of  Offal.  Section  11.  It  shall 

not  be  lawful  for  any  butcher  to  kill  or  slaughter  any  beeves,  sheep, 
calves,  hogs  or  other  animal  within  the  city. 

mptying  of  Drains  and  Sewers.  Section  12.  No  person  shall  per¬ 
mit  any  drain  or  sewer  from  the  dwelling  house,  barn,  stable,  shop  or 
other  building  upon  the  premises  occupied  by  him  to  empty  or  run  into 
any  open  sewer  or  gutter,  or  into  any  of  the  streets  or  public  alleys, 
or  upon  or  over  any  sidewalk. 

Dead  Animals — Vegetable  and  Mineral  Matter — Deposit  and  Re¬ 
moval  of  Same.  Section  13.  No  person  shall  deposit  or  cause  to  be 
deposited  in  Lakes  Mendota,  Monona  or  Wingra,  or  the  Yahara  river, 
or  in  or  upon  any  public  or  private  waters  or  grounds  in  the  city, 
any  dead  animal,  rubbish,  refuse,  filth,  offal  or  any  other  sub¬ 
stance  that  will  contaminate  or  tend  to  contaminate  the  said  waters, 
or  that  will  obstruct  or  tend  to  obstruct  any  sidewalk,  gutter,  street  or 
alley,  or  that  will,  in  any  manner,  create  any  bad  or  noisome  stench 
or  nuisance,  or  that  will  endanger  or  tend  to  endanger  the  public 
health;  and  the  board  of  health  is  hereby  empowered  to  summarily  re¬ 
move  or  cause  to  be  removed  any  such  dead  animal,  rubbish,  refuse. 


GENERAL  ORDINANCE  CF  THE  CITY  OF  MADISON.  183 


filth,  offal,  or  other  substance  so  deposited  contrary  to  the  provisions 
of  this  section.  Any  person  who  shall  violate  any  provision  of  this 
section  ^hall  be  subject  to  a  fine  of  not  exceeding  twenty-five  dollars, 
and  shall  also  be  liable  for  the  expense  of  the  removal  of  any  matter 
deposited  contrary  to  the  provisions  of  this  section. 

Cess-Pools,  Etc. — Construction,  Cleaning  and  Removal  of  Same.  Sec¬ 
tion  14.  No  person  shall  construct  any  cess-pool,  or  other  receptacle 
for  filthy  water,  or  convert  any  well  into  a  cess-pool,  within  the  limits 
of  the  city  without  having  first  obtained  a  written  permit  from 
the  board  of  health.  No  person  shall  be  permitted  to  remove  or 
clean  out  the  contents  of  any  cess-pool  or  privy  within  the  city,  in  the 
day  time,  between  the  first  day  of  June  and  the  first  day  of  November, 
in  any  year,  and  only  in  the  night  time  after  having  thoroughly  applied 
to  the  matter  so  to  be  removed  some  disinfecting  and  deodorizing  sub¬ 
stance;  nor  shall  they  be  permitted  to  place  or  deposit  within  the  city 
limits  any  such  substance  as  will  create  a  stench,  or  will  in  any  man¬ 
ner  endanger  the  public  health,  unless  such  substance  shall  be  imme¬ 
diately  buried,  so  as  to  entirely  prevent  any  stench  arising  therefrom, 
and  so  that  it  will  not  injure  any  well  or  cistern,  or  the  waters  of  the 
lakes  or  of  any  stream  running  into  the  lakes. 

Sale  of  Impure  Ice.  Section  15.  No  person  shall  be  permitted  to 
sell  or  offer  for  sale  any  ice  cut  within  eighty  rods  of  the  point  of  dis¬ 
charge  of  any  sewer,  or  which  may  otherwise  be  contaminated. 

Garbage  Defined.  Section  16.  The  words  “garbage”  and  “offal,”  as 
used  in  this  chapter,  shall  be  held  to  include  every  refuse  accumulation 
of  animal,  or  vegetable  matter,  liquid  or  otherwise,  that  attends  the 
preparation,  use,  cooking,  dealing  in  or  storing  of  meats,  fish,  fowl, 
fruits  and  vegetables. 

Garbage — Collection,  Removal  and  Disposal  of  Same  Under  Direction 
of  Street  Superintendent.  Section  17.  The  collection,  removal,  and 
disposal  of  garbage  and  offal  shall  be  conducted  under  the  supervision, 
direction  and  control  of  the  superintendent  of  streets,  and  in  strict  con¬ 
formity  with  the  provisions  of  this  chapter,  and  with  such  additional 
rules  and  regulations  as  may  be  made  from  time  to  time  by  the  com¬ 
mon  council  or  the  board  of  health. 

r 

Garbage  Districts  and  Collectors.  Section  18.  The  superintendent 
of  streets  shall  divide  the  city  into  garbage  districts  for  the  purpose  of 
the  collection  and  removal  of  the  garbage  and  offal.  He  shall  hire  the 


184  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


collectors  in  charge  of  each  garbage  district,  and  such  additional  labor 
as  is  found  necessary  to  collect  and  remove  the  garbage  and  offal. 

Residents  to  Provide  Portable  Garbage  Vessels — Use  of  Garbage  Ves¬ 
sels.  Section  19.  It  shall  be  the  duty  of  all  householders,  tenants, 
hotel  keepers,  boarding  house  keepers,  retail  dealers  and  all  person"! 
occupying  dwellings  within  the  city,  to  provide  or  cause  to  be 
provided,  and  at  all  times  to  keep  or  cause  to  be  kept,  portable 
vessels  or  cans  for  holding  the  garbage  or  offal,  said  vessels  or  cans  to 
be  water-tight,  provided  with  handles,  and  a  cover  which  shall  not  be 
removed  except  when  necessary,  These  vessels  or  cans  shall  not  ex¬ 
ceed  two  bushels  in  size,  and  shall  be  constructed  of,  or  lined  with 
metal.  Such  cans  or  vessels  shall  be  kept  in  the  rear  of  the  house,  or 
in  a  place  which  is  easily  accessible  to  the  collector,  but  shall  not  be 
placed  on  the  sidewalk,  street,  alley  or  other  public  place.  Such  ves¬ 
sels  or  cans  shall  be  delivered  promptly  to  the  collector,  and  returned 
by  him  to  the  place  from  whence  they  were  received.  It  shall  be  un¬ 
lawful  for  any  person  to  place  in  the  garbage  vessels  any  acids,  old 
cans,  broken  dishes  or  any  dry  substances  whatsoever  other  than 
designated  in  section  16  of  this  chapter.  Provided,  however,  that  this 
section  shall  not  apply  to  any  person  who  may  destroy  by  cremation,  or 
other  methods  satisfactory  to  the  board  of  health,  such  garbage,  offal 
and  other  refuse. 

Garbage  Wagons — The  City  Shall  Own  Garbage  Wagons. — Section 
20.  The  city  shall  own  its  own  garbage  wagons  for  the  collection  and 
removal  of  the  garbage  and  offal.  These  wagons  shall  be  of  suitable 
size,  water-tight,  and  with  metallic  lining  and  properly  covered,  Such 
wagons  shall  be  kept  mean,  and  shall  bear  in  prominent  letters  the 
words  “Garbage  Wagon.” 

Garbage — How  Often  Collected.  Section  21.  The  collection  and 
removal  of  the  perishable  garbage  and  offal  of  the  hotels,  restaurants 
and  large  boarding  houses,  groceries,  butcher  shops,  and  similar  places, 
shall  be  made  daily  during  the  months  of  June,  July,  August  and  Sep¬ 
tember;  three  times  per  week  during  the  months  of  April,  May,  October 
and  November;  during  the  remaining  months  the  collection  shall  occur 
twice  per  week.  In  the  residence  portion  of  the  city  the  collection 
and  removal  shall  occur  three  times  per  week  during  the  months  of 
June,  July,  August  and  September;  twice  a  week  during  the  months  of 
April,  May,  October  and  November;  once  a  week  during  the  remaining 
months  of  the  year. 

Garbage- — Where  Removed  to.  Section  22.  The  collector  shall  re¬ 
move  the  garbage  and  offal  to  a  place  outside  of  the  city  limits  provided 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


185 


by  the  city  authorities.  Garbage  and  offal  shall  be  sold  to  farmers  or 
buried  or  destroyed  in  any  other  manner  satisfactory  to  the  board  of 
health. 

Expense  of  Removal  of  Garbage.  Section  23.  The  expense  of  col¬ 
lection,  removal  and  disposal  of  the  garbage  and  offal  shall  be  paid  by 
the  persons  who  require  and  receive  the  service  provided  for  by  this 
chapter,  and  the  collection  thereof  shall  be  made  by  the  city  treasurer 
semi-annually,  in  advance,  on  the  first  day  of  April  and  of  October  in 
each  year,  and  the  scale  of  rates  shall  be  fixed  by  the  chairman  of  the 
committee  on  streets  of  the  common  council,  and  the  mayor  and  city 
clerk. 

Other  Persons  Forbidden  to  Collect  or  Remove  Garbage.  Section 
24.  No  person  shall  engage  in  the  collection  and  removal  of  the  garbage 
or  offal  within  the  city  limits  unless  he  be  employed  by  the  street  su¬ 
perintendent.  This  section  shall  not  be  construed  to  prevent  the  de¬ 
struction  of  the  garbage  as  provided  in  section  nineteen. 

Punishment  for  Resistance  of  Health  Officers  and  for  Violation  of 
Provisions  of  This  Chapter.  Section  25.  Any  person  who  shall  in  any 
way  resist  any  health  officer  or  other  officer  whose  duty  it  shall  be  to 
carry  out  the  provisions  of  this  chapter,  while  acting  in  the  performance 
of  his  duty,  or  who  shall  resist  any  such  officer,  while  quarantining 
or  placarding  any  house,  or  shall  remove,  deface  or  mutilate  any  pla¬ 
card  placed  on  said  premises,  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  and  not  more  than  fifty  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  six  months  or  by  both  fine  and  imprison¬ 
ment. 

Spitting  in  Street  Car.  Section  26.  Any  person  who  shall  spit  or 
expectorate,  or  deposit  or  place,  any  sputum,  spittle,  saliva,  phlegm, 
mucus,  tobacco  juice,  cigarette  stumps,  cigar  stumps,  or  quids  of  to¬ 
bacco,  upon,  or  who  shall  in  any  manner  defile  or  pollute,  any  street 
car  or  its  equipment,  while  the  same  is  in  use  upon  any  street,  shall 
be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  twenty- 
five  dollars. 

Manure.  Section  27.  Manure  from  horses  and  cattle  shall  be  kept 
in  a  covered  water-tight  receptacle  which  shall  not  be  opened  except 
while  manure  is  being  placed  in  or  taken  from  the  same;  provided, 
that  thi's  section  shall  not  apply  to  livery,  feed  or  sale  stables.  _ 

Penalty.  Section  28.  Any  person  violating  any  of  the  provisions  of 
this  chapter  for  which  a  penalty  is  not  already  provided  herein  shall  be 
punished  by  a  fine  of  not  less  than  five  dollars  and  not  more  than  fifty 
dollars. 


186  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


CHAPTER  VI. 

RESTRAINING  AND  REGULATING  ANIMALS  FOUND  RUNNING 

AT  LARGE. 

Animals  Not  to  Run  at  Large.  Section  1.  Any  person,  who  shall  per¬ 
mit  any  horse,  mule,  goat,  cattle,  sheep,  swine  or  geese  to  run  at  large 
at  any  time,  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor 
more  than  ten  dollars. 

Dogs  to  Be  Muzzled.  Section  2.  On  the  petition  of  five  or  more 
citizens  of  Madison,  the  board  of  health,  if  in  its  opinion  public  safety 
shall  demand,  may  order  that  no  dog,  whelp  or  bitch  be  permitted  to 
run  at  large  within  the  limits  of  this  city,  for  a  period  not  exceedirg 
thirty  days,  unless  securely  muzzled.  Such  order  shall  be  made  public 
by  causing  printed  notices  thereof  to  be  posted  in  not  less  than  fifty 
places  within  the  limits  of  the  city,  and  by  publishing  the  same  in  the 
official  paper. 

Duty  of  Police  to  Kill  Dogs.  Section  3.  It  shall  be  the  duty  of  the 
chief  of  police,  each  policeman,  and  of  such  persons  as  are  authorized 
by  the  mayor,  to  kill  all  animals  of  the  dog  kind  found  running  at  large, 
after  the  publication  of  the  order  provided  for  in  the  preceding  section. 


CHAPTER  VIE 

RECEIPT  AND  DISBURSEMENT  OF  CITY  MONEYS— BUDGET. 

Receiving  of  Moneys.  Section  1.  The  city  treasurer  shall  not  re¬ 
ceive  any  money  into  the  treasury  from  any  source  whatever  except  on 
account  of  taxes  levied  and  collected  during  the  fiscal  year  for  which 
he  may  then  be  serving,  without  giving  a  receipt  therefor  in  the  manner 
herein  specified. 

Receipt  for  Same.  Section  2.  Upon  the  payment  of  any  money  to 
the  city  treasurer  (except  for  taxes  hereinbefore  provided),  the  city 
treasurer  shall  make  out  a  receipt  for  the  money  so  received  by  him,  and 
present  the  same  to  the  city  clerk  for  his  signature,  and  file  a  duplicate 
thereof  with  the  clerk,  whose  duty  it  shall  be  to  countersign  the  origi- 


GENERAL  ORDINANCE  CF  THE  CITY  OF  MADISON.  187 


nal  receipt,  return  it  to  the  treasurer,  and  place  the  duplicate  thereof 
on  file  in  his  office;  at  the  same  time  charging  the  amount  thereof  to 
the  treasurer  and  crediting  the  proper  account  with  the  same. 

Payment— Treasurer  to  Furnish  Clerk  With  Duplicate  Receipt.  Sec¬ 
tion  3.  The  city  treasurer  shall  hereafter,  in  all  cases,  furnish  the  city 
clerk  with  duplicate  receipts  for  payments  made  by  said  treasurer,  im¬ 
mediately  upon  making  such  payments;  except  for  payments  of  certifi¬ 
cates  of  appropriations,  signed  by  the  mayor  and  city  clerk. 

Liability  of  Treasurer  for  Violation  of  This  Chapter.  Section  4. 

Any  city  treasurer  who  shall  violate  any  preceding  section  of  this  chap¬ 
ter,  shall  be  subject  to  a  fine  of  not  less  that  twenty-five  dollars  nor 
more  than  one  hundred  dollars. 

Annual  Bu:'get.  Section  5.  It  shall  be  the  duty  of  the  finance  com¬ 
mittee  of  the  council  at  or  before  the  regular  November  meeting  of  the 
council  in  each  year,  to  prepare  and  submit  to  the  council  a  written 
statement,  giving  an  estimate  of  the  revenues  of  the  city  for  the  en¬ 
suing  year;  a  statement  of  the  amounts  which  are  required  by  law  to  be 
set  aside  from  said  revenues  for  specific  purposes,  and  providing  for  the 
expenditure  of  the  remainder  thereof  for  certain  definite  and  specific 
purposes.  Such  committee  may,  if  it  shall  so  determine,  recommend 
that  there  be  set  aside  not  more  than  ten  per  cent,  of  such  remainder 
for  general  city  purposes.  Upon  the  presentation  of  such  report,  the 
common  council  shall  take  the  matter  under  consideration,  and  on  or 
before  the  regular  December  meeting  in  each  year,  shall  apportion  the 
revenues  of  the  city  remaining  after  deducting  the  amounts  required  by 
law  to  be  paid  therefrom,  to  such  definite  and  specific  purposes  as  they 
shall  determine,  provided  that  they  may,  in  their  discretion,  set  aside 
not  to  exceed  ten  per  cent,  of  such  remainder  as  unappropriated  funds 
for  general  city  purposes.  When  such  appropriation  is  made,  the 
moneys  thus  set  aside,  excepting  such  unappropriated  balance,  shall  not 
be  used  for  any  other  purpose  without  the  affirmative  vote  of  three- 
fourths  of  the  members  of  the  council,  and  all  appropriations  made  by 
the  council  shall  specify  from  what  fund  the  same  are  to  be  paid,  and 
no  appropriations  shall  be  made  for  any  purpose  in  excess  of  the 
amount  appropriated  therefor,  except  upon  the  affirmative  vote  of 
three-fourths  of  the  members  of  the  council.  In  case  the  revenue  of 
the  city  shall  fall  below  the  amount  thus  specifically  appropriated,  the 
appropriations  shall  be  reduced  pro  rata.  And  in  case  they  shall  ex¬ 
ceed  the  estimate,  such  excess  shall  be  added  to  the  unappropriated 
balance. 


188  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


CHAPTER  VIII. 

PUBLIC  LIBRARY. 

Establishment  of.  Section  1.  In  pursuance  of,  and  by  virtue  of  an 
act  of  the  Legislature  of  the  State  of  Wisconsin,  entitled:  “An  Act 
authorizing  cities  and  Villages  to  establish  free  public  libraries  and 
reading  rooms,”  approved  March  21,  1872,  there  shall  be,  and  is  hereby 
established,  a  free  public  library  and  reading  room,  for  the  use  of  the 
inhabitants  of  the  city  of  Madison,  to  be  known  as  the  “Madison  Free 
Library.” 

Location.  Section  2.  Until  the  library  shall  be  removed  to  the 
building  provided  for  in  the  following  section,  there  shall  be  provided 
and  set  apart,  under  the  direction  of  the  city  clerk,  rooms  in  the  city 
hall  building,  for  the  reception  of  any  books  that  may  be  donated  or 
purchased  for  such  library,  and  for  the  use  of  a  reading  room. 

Acceptance  of  Carnegie  Gift.  Section  3.  The  city  of  Madison 
accepts  the  gift  of  seventy-five  thousand  dollars,  offered  by  Andrew 
Carnegie  for  a  free  library  building,  and  assents  to  the  conditions  upon 
which  said  gift  was  offered,  namely,  that  the  city  shall  furnish  a  suit¬ 
able  site  for  such  library  building,  and  that  the  city  will  support  the 
said  free  library  at  a  cost  of  not  less  than  $7,500  per  year.  And  the 
city  of  Madison  obligates  itself  to  levy  and  collect  an  annual  tax  for 
the  support  and  maintenance  of  such  library  of  not  less  than  $7,500.00 
per  year. 


CHAPTER  IX. 

CEMETERIES. 

Map  of  Forest  Hill  Cemetery.  Section  1.  The  map  of  Forest  Hill 
Cemetery,  as  made  by  O.  H.  St.  G.  Anson,  September,  1902,  and  now 
in  the  office  of  the  city  clerk,  is  hereby  declared  to  be  the  map  of 
Forest  Hill  Cemetery,  and  the  sections,  lots  and  divisions,  streets, 
alleys  and  paths,  as  designated  and  shown  on  said  map,  are  hereby 
declared  to  be  fixed  and  determined  beyond  alteration,  except  by  ordi¬ 
nance  of  the  common  council,  and  then  only  so  far  as  not  to  interfere 


GENERAL  ORDINANCE  CE  THE  CITY  OF  MADISON. 


180 


with  private  rights;  subject,  nevertheless,  to  the  lotting,  subdividing 
and  numbering  of  such  portions  of  said  grounds  as  have  not  already 
been  lotted  and  numbered. 

v*_ 

Sale  of  Lots.  Section  2.  The  disposal  of  the  lots  in  Forest  Hill 
Cemetery  shall  be  under  the  control  of  the  superintendent  of  the  Ceme¬ 
tery  grounds,  subject  to  such  rules  and  regulations  as  the  commission¬ 
ers  of  the  cemetery  and  the  common  council  may  from  time  to  time 
prescribe.  All  conveyances  shall  be  by  deed,  executed  by  the  mayor 
and  city  clerk.  All  deeds  of  lots  in  the  cemetery  shall  be  recorded  at 
length,  in  a  book  to  be  kept  for  that  purpose  by  the  city  clerk,  and 
when  so  executed  and  recorded,  shall  vest  the  title  absolutely  in  the 
grantee,  his  heirs  and  assigns,  subject  to  such  prudential  rules  and 
regulations  as  the  common  council  may  from  time  to  time  adopt.  All 
conveyances  heretofore  made  and  so  executed  and  recorded,  are 
hereby  declared  to  be  valid  and  binding. 

Management  and  Control — Appointment  of  Commissioners.  Section 
3.  The  care  and  management  of  Forest  Hill  Cemetery  shall  be  vested 
in  a  board  of  commissioners,  who  shall  be  denominated  “commission¬ 
ers  of  the  cemetery,”  which  said  board  of  commissioners  shall  have 
full  control  and  management  of  said  cemetery,  and  of  the  superinten¬ 
dent  and  sexton  thereof,  subject  at  all  times  to  the  supervision  and 
direction  of  the  common  council.  Said  commissioners  shall  receive  no 
compensator*  for  their  services  as  such.  Said  commissioners  shall  be 
resident  freeholders  of  the  city,  and  shall  not  during  the  tenure  of  their 
office  hold  any  other  city  office.  Said  commissioners  shall  be  ap¬ 
pointed  by  the  mayor,  by  and  with  the  advice  and  consent  of  the  com¬ 
mon  council,  and  shall  hold  their  offices  for  the  term  of  three  years 
from  the  third  Tuesday  of  April,  in  each  year  or  until  their  successors 
are  appointed  and  qualified. 

Appointment  of  Superintendent  and  Sexton — Salary — Their  Duties. 

Section  4.  Said  board  of  commissioners  shall  appoint  a  superintendent 
of  the  cemetery,  and  a  sexton.  Said  superintendent  and  sexton  shall 
hold  their  offices  during  the  pleasure  of  the  board  of  commissioners, 
and  shall  receive  such  compensation  for  their  services  as  said  board 
of  commissioners  shall  direct.  The  superintendent  of  the  cemetery 
under  the  direction  of  the  board  of  commissioners,  shall  have  the  con¬ 
trol  and  management  of  the  cemetery  as  to  the  laying  out  and  sub¬ 
dividing  of  the  same  and  the  clearing  up  and  improving  the  ground 
and  the  ornamentation  thereof;  and  shall  have  charge  of  all  interments 
made  in  the  cemetery. 


190  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


Expenditure  of  Moneys.  Section  5.  All  moneys  derived  in  any 
manner  from  the  Forest  Hill  Cemetery  shall  be  kept  separate  from  all 
other  moneys,  and  shall  be  known  as  the  “Forest  Hill  Cemetery  fund;” 
and  the  said  board  of  commissioners  shall  have  and  are  hereby  vested 
with  full  power  to  control  the  expenditure  of  this  fund  for  the  im¬ 
provement  of  the  cemetery  grounds,  but  they  shall  not  incur  any 
liability  nor  create  any  debt,  which  cannot  be  fully  paid  and  discharged 
by  the  fund  then  on  hand,  without  first  having  submitted  full  and 
specific  plans  of  the  improvements  contemplated  to  the  common  council 
for  its  approval,  and  if  approved  by  the  common  council,  the  said  coun¬ 
cil  shall  thereupon  order  a  transfer  to  the  cemetery  fund,  upon  the  city 
books,  of  a  sum  sufficient  to  meet  such  expenditures. 

Appointing  Commissioner  of  Trust  Funds.  Section  6.  The  Savings 
Loan  &  Trust  Company  of  Madison,  Wisconsin,  is  hereby  appointed 
commissioner  of  the  trust  funds  of  Forest  Hill  Cemetery,  under  the 
provisions  of  section  1447,  Wisconsin  Statutes  of  1898. 

Property  Given  in  Trust  to  be  Turned  Over  to  Commissioner  of  Trust 
Fund.  Section  7.  It  shall  be  the  duty  of  the  city  treasurer  to  issue 
to  any  person  who  shall  pay  or  turn  over  to  him  for  the  city  any  money 
or  property,  the  principal  or  income  of  which  is  given  to  the  city,  in 
trust  or  otherwise,  for  the  improvement,  maintenance,  repair,  preserva¬ 
tion  or  ornamentation  of  any  lot,  vault,  tomb,  or  other  structure  in  said 
cemetery,  a  receipt,  specifying  the  purpose  to  which  the  money  or 
property  is  by  the  terms  of  such  gift  to  be  applied,  and  to  pay  over  and 
deliver  to  said  commissioner  of  trust  funds  the  money  or  property  so 
received,  together  with  a  duplicate  of  such  receipt,  and  to  also  deliver 
a  duplicate  of  such  receipt  to  the  city  clerk. 

Duty  cf  Commissioner  of  Trust  Funds.  Section  8.  It  shall  be  the 
duty  of  said  commissioner  of  the  trust  funds  to  properly  invest  any 
money  or  property,  the  income  of  which  may  be  given  for  any  of  the 
purposes  aforesaid,  and  on  or  before  the  first  day  of  April  of  each  year, 
to  report  in  writing  to  the  superintendent  of  the  cemetery  all  property 
or  funds  in  its  hands,  and  all  income  thereon,  which  may  be  applicable 
for  expenditure  during  the  current  year  under  the  terms  of  the  gift 
thereof,  and  thereupon  it  shall  be  the  duty  of  said  superintendent, 
under  the  direction  of  the  commissioners  of  the  cemetery,  to  use  and 
expend  such  property  and  income,  for  the  purposes  so  designated,  and 
for  no  other  purpose,  and  if,  under  the  terms  of  the  gift  of  any  money 
or  property,  the  income  thereof  is  to  be  used  generally  for  any  of  the 
purposes  aforesaid,  then  it  shall  be^  the  duty  of  such  superintendent. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  191 


under  the  direction  of  said  board  of  commissioners  of  the  cemetery, 
to  apply  such  income,  or  so  much  thereof  as  it  may,  from  year  to  year, 
deem  proper,  to  such  purpose,  the  unexpended  portion  of  such  income 
in  any  year  to  be  retained  by  said  commissioner  of  trust  funds,  and 
accumulated,  until  such  time  as  said  superintendent,  under  the  direc¬ 
tion  of  said  commissioners  of  the  cemetery,  shall  deem  it  proper  to 
expend  the  same,  but  in  no  event  shall  any  such  income  be  used  for 
any  other  purpose  than  that  for  which  given. 

Reports.  Section  9.  Said  commissioners  of  the  cemetery  shall  in¬ 
clude  in  their  annual  report  a  statement  of  all  property  or  money  re¬ 
ceived  from  said  commissioner  of  trust  funds,  and  of  the  purposes  to 
which  the  same  were  applied. 

Annual  Report  of  Board  of  Commissioners.  Section  10.  The  said 
board  of  commissioners  shall  make  an  annual  report  of  their  doings 
to  the  common  council,  and  shall  make  a  certified  account  of  all  ex¬ 
penses  incurred  by  them,  on  or  before  the  Monday  after  the  first 
Friday  of  each  month,  which  expenses  shall  thereupon  be  appropriated 
by  the  common  council  from  the  cemetery  fund. 

Burials — Record  of,  Etc.  Section  11.  No  burial  shall  be  permitted 
in  Forest  Hill  Cemetery  until  the  party  applying  for  a  permit  therefor, 
shall  furnish  to  the  superintendent  the  name,  sex,  nativity,  age,  cause 
and  date  of  death  of  the  person  to  be  buried,  if  known  to  such  appli¬ 
cant,  and  shall  pay  to  the  said  superintendent  the  sum  of  three  dollars, 
for  such  interment,  to  cover  the  digging  of  the  grave,  filling  the  same, 
and  for  attendance  at  the  burial,  and  the  superintendent  shall  there¬ 
upon  issue  a  permit  for  such  burial,  and  shall  keep  a  record  thereof, 
and  of  the  facts  furnished  him  as  aforesaid,  together  with  the  date  of 
burial,  and  the  number  of  the  lot  upon  which  such  interment  was  made. 
Said  superintendent  shall  report  monthly  the  permits  issued  by  him, 
and  the  facts  with  reference  thereto,  as  above  recorded,  to  the  board 
of  commissioners,  together  with  the  sums  so  received  by  him  for 
burial  fees;  and  said  board  of  commissioners  shall  embody  the  reports 
of  said  superintendent  in  their  annual  report  which  shall  be  filed  in 
the  office  of  the  city  clerk,  and  an  abstract  thereof  published  in  the 
official  city  paper;  and  the  sums  so  received  for  burial  fees  as  aforesaid 
shall  be  turned  in  and  credited  to  the  cemetery  fund  hereinbefore 
created. 

Driving  in  Cemetery.  Section  12.  No  person  shall  ride  or  drive  in 
said  cemetery  grounds  faster  than  a  walk,  nor  ride  or  drive  on  other 
than  the  laid  out  avenues  in  said  cemetery,  under  the  penalty  of  five 
dollars  for  each  and  every  offense. 


192  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


No  Burial  Unless  Lot  Paid  For.  Section  13.  No  burial  shall  here¬ 
after  be  permitted  upon  any  lot  in  said  cemetery  grounds,  until  the 
lot  shall  be  paid  for. 

Portion  of  Cemetery  Set  Apart  for  Burial  of  Soldiers.  Section  14. 
All  portions  of  Forest  Hill  Cemetery  lying  within  the  iron-fenced  en¬ 
closure  situated  easterly  of  section  twenty-nine  of  said  cemetery  and 
commonly  known  as  “Soldiers  Rest,”  and  a  strip  20  feet  in  width  im¬ 
mediately  south  of  said  enclosure  and  extending  the  whole  length 
thereof,  are  hereby  set  apart  and  dedicated  for  the  sole  use  and  purpose 
of  the  burial  of  federal  soldiers;  and  all  that  portion  of  Forest  Hill 
Cemetery  situated  southerly  of  the  enclosure  above  described  and 
lying  within  the  stone  coping  enclosure  erected  by  Mrs.  Alice  W. 
Waterman,  is  hereby  set  apart  and  dedicated  for  the  sole  use  and  pur¬ 
pose  of  the  burial  of  confederate  soldiers;  with  the  proviso  and  excep¬ 
tion,  that  the  portion  of  the  said  enclosure,  selected  by  the  said 
Alice  W.  Waterman  with  the  approval  of  the  superintendent  of 
the  cemetery,  be  and  the  same  is  hereby  conveyed  to  her  as  a  burial 
place  for  herself.  The  cemetery  commissioners  are  hereby  authorized 
and  directed  to  take  the  same  measures  for  the  proper  care  and  main¬ 
tenance  of  said  enclosures  as  are  taken  with  regard  to  lots  in  said 
cemetery  purchased  by  private  parties. 

Catlin  Memorial  Chapel.  Section  15.  That  part  of  section  30, 
staked  out  under  the  direction  of  the  commissioners  of  the  cemetery, 
to  be  set  apart  for  use  in  connection  with  the  Catlin  Memorial  Chapel, 
is  hereby  and  forever  dedicated  to  that  use. 

Acceptance  of  Chapel  by  the  City.  Section  16.  The  said  chapel  is 
accepted  on  behalf  of  the  city,  and  it,  and  the  grounds  adjacent,  set 
apart  for  use  in  connection  with  it,  are  hereby  placed  in  charge  of  the 
commissioners  of  the  cemetery,  to  be  cared  for  and  maintained  as 
other  cemetery  property,  and  used  under  the  restrictions  contained 
in  the  letter  donating  the  same,  which  letter  is  set  forth  in  full  in  the 
preamble  to  an  ordinance  adopted  by  the  common  council,  December 
7th,  1878;  and  the  good  faith  of  the  city  is  hereby  pledged  to  forever 
maintain  said  chapel  in  suitable  condition,  and  to  faithfully  conform 
to  the  letter  and  spirit  of  the  letter  of  donation  referred  to  in  this 
section. 

✓  • 

Penalty  for  Injury  to  or  Carrying  Away  Flowers,  Etc.  Section  17. 
Any  person  who  shall  injure  or  deface  any  monument,  or  any  tree, 
shrub  or  other  plant,  or  who  shall  carry  away  any  flowers  left  upon 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


193 


any  grave  or  lot  in  said  cemetery  shall  be  subject  to  a  fine  of  not  less 
than  one  dollar  nor  more  than  one  hundred  dollars. 


CHAPTER  X. 

WATER  WORKS. 

Board  of  Water  Commissioners — Election.  Section  1.  There  shall 
be  a  board  of  water  commissioners  whose  duty  it  shall  be  to  have 
charge  and  management  of  the  city  water  works,  as  provided  in  sec¬ 
tion  nine  of  chapter  nine  of  the  city  charter.  The  present  members 
of  said  board  shall  hold  their  offices  for  the  terms  for  which  they  have 
been  respectively  elected,  and  the  common  council  shall  annually  at 
its  regular  September  meeting  elect  one  member  of  said  board  for 
the  term  of  three  years  from  the  succeeding  first  day  of  October.  In 
case  of  vacancy  the  common  council  may  at  any  regular  or  special 
meeting  elect  a  member  for  the  unexpired  term.  The  mayor  of  the 
city  and  one  alderman  elected  by  the  council  annually  at  the  time  of 
its  organization,  shall  be  ex-officio  members  of  said  board. 

Meetings  and  Organization  of  Board — To  Keep  Record.  Section  2. 
At  its  regular  meeting  in  October  of  each  year,  the  board  of  water 
commissioners  shall  organize  by  electing  one  of  its  members  presi¬ 
dent,  and  by  electing  a  secretary  of  the  board.  The  regular  monthly 
meetings  of  the  board  shall  be  held  during  the  week  preceding  the 
regular  meeting  of  the  common  council,  and  special  meetings  may  be 
held  at  any  time  on  call  of  the  president,  or  on  request  of  two  mem¬ 
bers  of  the  board.  A  majority  of  the  board  shall  constitute  a  quorum, 
and  such  quorum  shall  be  necessary  for  the  transaction  of  business. 
The  secretary  shall  keep  a  record  of  the  proceedings  of  the  board,  and 
the  president  and  secretary  'shall  have  authority  to  sign  any  contracts 
entered  into  by  the  board. 

Board  of  Water  Commissioners — General  Authority — Make  an  An¬ 
nual  Report.  Section  3.  The  board  of  water  commissioners  shall 
have  the  general  management  and  supervision  of  the  city  water  works, 
and  all  matters  connected  therewith,  and  shall  have  the  general  power 
and  authority  to  appoint  all  officers  and  employes  of  the  water  depart¬ 
ment,  to  prescribe  their  duties  and  to  fix  their  salaries,  and  to  make 
such  rules  and  regulations  for  the  management  of  said  department 
as  it  shall  from  time  to  time  find  necessary  for  the  safe,  economical 

13 


194  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


and  efficient  management  and  protection  of  the  water  works,  and  such 
rules  and  regulations  shall  have  the  same  validity  as  ordinances,  when 
not  repugnant  to  the  ordinances  of  the  city,  or  to  the  constitution  and 
laws  of  the  state.  Said  board  shall  also  make  an  annual  report. 

Appointment  of  Superintendent — Bond.  Section  4.  The  said  board 
at  its  regular  Ccfoter  meeting  shall  appoint  a  superintendent  who  shall 
be  the  general  executive  officer  of  the  water  works  department.  He 
shall  give  a  bond  in  the  sum  of  two  thousand  dollars,  conditioned  for 
the  faithful  discharge  of  his  duties,  and  shall  hold  his  office  for  one 
year,  unless  sconer  removed  by  said  board. 

(Amended  by  ordinance  No.  1315,  see  p.  237.) 

Superintendent  and  His  Duties.  Section  5.  The  superintendent 
shall  have  general  supervision  of  the  water  works  department,  under 
the  direction  of  the  board  of  water  commissioners,  and  shall  have  gen¬ 
eral  supervision  over  the  buildings,  grounds,  machinery,  pipes,  and  all 
matters  connected  therewith;  and  shall  see  that  all  ordinances,  rules 
and  regulations  of  the  common  council  or  the  board  of  water  commis¬ 
sioners  are  complied  with;  that  the  conditions  of  all  contracts  by  or 
with  said  department  are  faithfully  complied  with;  that  the  assess¬ 
ments  of  the  water  rates  are  duly  made,  collected  and  paid  into  the 
city  treasury.  He  shall  keep  a  record  of  all  accounts  and  claims  for 
or  against  the  said  department,  and  of  all  extensions,  additions, 
changes,  alterations  and  attachments  made  to  the  system  of  water 
works,  and  of  all  meters  and  the  location  thereof,  and  he  shall  perform 
such  other  duties  as  the  board  of  water  commissioners  or  the  common 
council  may  prescribe. 

Auditing  Accounts.  Section  6.  Accounts  against  the  water  depart¬ 
ment  shall  be  audited  by  the  board  of  water  commissioners,  and  if  ap¬ 
proved  shall  be  recommended  to  the  common  council  for  payment. 

Contracts  for  Lease  of  Water — This  Chapter  a  Part  of  All  Contracts. 

Section  7.  The  ordinances,  rules,  regulations  and  water  rates  passed 
by  the  common  council  or  adopted  by  the  board  of  water  commis¬ 
sioners,  shall  be  considered  a  part  of  the  contract  with  every  person, 
company  or  corporation  supplied  with  water  through  the  water  system 
of  the  city;  and  every  such  person,  company  or  corporation  by  taking 
water  shall  be  considered  to  express  his  or  their  assent  to  be  bound 
thereby. 

Access  to  Premises.  Section  8.  The  superintendent  and  persons 
under  his  direction  shall  have  free  access  at  all  reasonable  hours  to 
any  premises  supplied  with  city  water,  for  the  purposes  of  inspecting 
and  examining  the  water  service  appliances. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  195 


Connections  and  Pipe — Quality — Size.  Section  9.  No  service  con¬ 
nections  or  other  attachments  to  any  of  the  water  mains  shall  be  made 
except  by  brass  corporation  cock  not  exceeding  one  inch  in  diameter, 
and  in  no  case  will  lead  pipe  be  allowed  between  the  water  main  or 
stop  cock  weighing  less  per  foot  than  as  follows: 

Lead  pipe  y2  in.,  extra  strong,  2  lbs.  8  oz.  per  ft. 

Lead  pipe  %  in.,  extra  strong,  3  lbs.  per  ft. 

Lead  pipe  %  in.,  extra  strong,  3  lbs.  8  oz.  per  ft. 

Lead  pipe  1  in.,  extra  strong,  4  lbs.  12  oz.  per  ft. 

Lead  pipe  1 in.,  extra  strong,  6  lbs.  per  ft. 

Lead  pip©  1  y2  in.,  extra  strong,  7  lbs.  8  oz.  per  ft. 

Lead  pipe  1 %  in.,  extra  strong,  8  lbs.  per  ft. 

Lead  pipe  2  in.,  double  extra  strong,  10  lbs.  8  oz.  per  ft. 

An  air  chamber  is  required  above  each  faucet,  and  the  same  shall  be 
made  at  least  18  inches  in  length. 

When  iron  pipe  is  used  for  interior  work,  it  must  be  made  of  quality 
known  as  extra  strong,  lap  welded,  and  must  be  coated  inside  and  out¬ 
side  with  Dr.  Smith’s  preparation,  applied  when  both  are  heated  to  a 
temperature  of  300  Fahrenheit. 

No  galvanized  pipe  will  be  allowed. 

No  pipe  other  than  the  above  will  be  allowed,  nor  will  any  person 
using  pipe  other  than  the  foregoing  be  allowed  to  connect  with  the 
water  works. 

Laying  of  Mains  and  Service  Pipes  When  Streets  Macadamized. 

Section  10.  Whenever  the  common  council  shall  determine  to  pave 
or  macadamize  any  street  in  which  any  water  main  has  not  been  laid 
it  shall  be  the  duty  of  the  city  clerk  to  notify  the  board  of  water  com¬ 
missioners  of  such  determination,  and  said  board  shall  thereupon  de¬ 
termine  whether  or  not  a  water  main  shall  be  laid  in  said  street  before 
the  same  shall  be  so  improved;  and  if  said  board  shall  determine  to 
lay  a  water  main  therein,  or  if  a  water  main  has  already  been  laid 
therein,  it  shall  be  the  duty  of  said  board  to  determine  what  service 
connections  shall  be  made  with  such  main  before  the  improvement  of 
such  street,  and  the  location  thereof;  and  it  shall  thereupon  be  the 
duty  of  such  board  under  the  direction  of  the  city  surveyor  to  make 
such  service  connections. 

Expense  of  Laying  Service  Pipes.  Section  11.  The  expense  of  lay¬ 
ing  service  pipes  from  the  main  to  the  curb,  and  of  connecting  such 
service  pipes  with  the  main,  shall  be  charged  to  and  is  made  a  lien 
upon  the  real  estate  to  be  served  by  such  service  pipes,  and  all  such 
service  pipes  shall  be  maintained  and  kept  in  repair  under  the  super- 


196  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


vision  of  the  water  department  at  the  expense  of  such  property.  The 
cost  of  furnishing  and  laying  such  service  pipes  and  making  such  con¬ 
nections  shall  be  $15  for  each  such  service  pipe  and  connections  of 
%-inch  or  less,  and  if  larger  sizes  are  required  they  shall  be  furnished 
at  cost.  No  water  shall  be  supplied  until  such  expense  has  been  paid. 
If  the  said  expense  shall  not  be  paid  within  thirty  days  after  the  com¬ 
pletion  thereof,  the  same  shall  be  levied  and  collected  as  a  special 
tax  upon  the  real  estate  so  to  be  served. 

Claims  Against  City.  Section  12.  No  claim  shall  be  allowed  against 
the  city,  on  accoufit  of  the  interruption  of  the  water  supply  caused  by 
the  breaking  of  pipes  or  machinery,  or  by  stoppage  for  repairs,  on 
account  of  fire  or  other  emergency;  and  no  claim  shall  be  allowed  for 
any  damages  caused  by  the  breaking  of  any  pipe  or  machinery. 

Right  to  Open  Hydrants.  Section  13.  Only  such  person  as  shall  be 
authorized  by  the  superintendent  of  the  water  department  or  the  chief 
engineer  of  the  fire  department  shall  be  permitted  to  open  any  fire 
hydrant  for  any  purpose  whatsoever,  and  no  one  except  such  persons 
shall  be  permitted  to  take  the  hydrant  wrenches  or  suffer  the  same  to 
be  taken  from  any  fire  engine  house,  except  for  fire  department  pur¬ 
poses. 

Water  Rates — When  Due — How  Paid — Failure  to  Pay  When  Due. 

Section  14.  All  water  rents  shall  be  paid  in  such  manner  and  at  such 
time  as  the  board  of  water  commissioners  shall  determine.  All  water 
rates,  whether  by  schedule  or  meter,  which  shall  not  be  paid  within 
thirty  days  after  the  same  shall  become  due  and  payable,  shall  be  in¬ 
creased  by  a  penalty  of  10  per  cent.,  and  shall  become  a  lien  upon  the 
premises  receiving  the  service,  and  if  remaining  unpaid  shall  be  col¬ 
lected  as  a  special  tax  in  the  next  annual  tax  roll. 

Payment  for  Water  Used  by  the  City.  Section  15.  The  board  of 
water  commissioners  shall  annually  before  the  making  of  the  budget, 
report  in  writing  to  the  common  council  the  amount  which,  in  its 
judgment,  should  be  included  in  the  general  tax  levy  for  the  benefit 
of  the  water  department,  and  the  common  council  shall  include  in  the 
budget  and  in  the  general  tax  levy  such  sum  for  the  benefit  of  such 
department  as  the  common  council  shall  determine  to  be  reasonable. 

Surplus  Revenues.  Section  16.  Surplus  revenues  of  the  water  de¬ 
partment  shall  be  applied  in  such  manner  as  the  board  of  water  com¬ 
missioners  shall  determine  or  the  common  council  shall  direct. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  197 


Penalty,  Forfeiture  of  License.  Section  17.  Any  plumber,  pipe  fit¬ 
ter  or  other  person  who  shall  violate  any  of  the  provisions  of  this 
chapter,  or  any  of  the  ordinances,  rules  or  regulations  passed  by  the 
common  council  or  adopted  by  the  board  of  water  commissioners  re¬ 
lating  to  the  water  works  department,  or  who  shall  turn  on  the  water 
into  any  premises  from  which  the  water  has  been  shut  off,  or  into 
which  the  water  has  not  yet  been  turned,  or  who  shall  connect  any 
water  main  or  service  pipe  without  first  having  obtained  a  permit 
therefor,  shall  be  fined  not  less  than  ten  dollars,  nor  more  than  fifty 
dollars,  and  shall  forfeit  his  license.  Such  forfeiture  shall  also  operate 
as  a  suspension  of  the  license  held  by  any  copartner  in  the  same  busi¬ 
ness,  or  by  any  other  person  in  his  employ. 


CHAPTER  XI. 

STREET  NUMBERS  AND  NAMES. 

Street  Numbers.  Section  1.  All  lots  and  parts  of  lots  in  the  city 
of  Madison  shall  be  numbered  in  accordance  with  a  certain  map  now 
on  file  in  the  office  of  the  city  clerk,  which  map  was  prepared  by  the 
city  surveyor  and  designated  by  him  “A  Street  Numbering  Map.”  All 
lots  and  parts  of  lots  hereafter  platted  shall  be  numbered  to  conform 
as  nearly  as  possible  to  the  general  scheme  of  numbering  as  outlined 
on  said  map. 

Owners  to  Number  Buildings.  Section  2.  It  shall  be  the  duty  of 
each  owner  or  occupant  of  any  building  or  tenement  fronting  upon 
any  street  within  twenty  days  after  the  adoption  of  this  ordinance,  and 
in  case  of  any  such  building  hereafter  constructed  within  twenty  days 
after  the  completion  thereof,  to  securely  attach  or  apply  to  the  front 
of  such  building  or  tenement,  in  a  conspicuous  position,  and  not  higher 
than  the  first  or  ground  story  of  said  building,  so  that  the  same  can  be 
plainly  seen  from  the  street,  the  proper  number  of  such  building  or 
tenement,  as  inscribed  upon  said  map,  in  figures  not  less  than  two 
inches  and  a  half  in  height,  and  said  owner'  or  occupant  shall  at  all 
times  hereafter  keep  such  numbers  so  attached  or  applied. 

■v 

Neglect  to  Number  Buildings.  Section  3.  If  the  owner  or  occupant 
of  any  building  or  tenement,  required  by  this  chapter  to  be  numbered, 
shall  neglect  for  said  period  of  twenty  days  to  duly  attach  and  main- 


198  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


tain  the  proper  numbers  on  such  building  or  tenement,  the  superin¬ 
tendent  of  streets  shall  serve  on  him  a  notice  requiring  such  owner  or 
occupant  to  properly  number  the  same,  and  if  he  neglect  to  do  so  for 
ten  days  after  the  service  of  such  notice,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of  one  dollar,  and  for 
every  subsequent  period  of  ten  days  for  which  he  shall  neglect  to  prop¬ 
erly  number  his  said  premises  as  required,  shall  be  subject  to  a  fine  of 
a  like  amount. 

Street  Names.  Section  4.  The  different  streets  shall  bear  the 
names  given  on  the  map  referred  to  in  section  one  of  this  chapter. 


CHAPTER  XII. 

WATERS  AND  SHORE  LINES. 

Filling  of  Lakes  and  River.  Section  1.  No  person  shall  cast  or  de¬ 
posit  or  cause  to  be  cast  or  deposited  in  Lake  Monona,  Lake  Mendota, 
or  the  Yahara  River  or  any  lagoon  in  any  park,  any  earth,  sand,  stone, 
ashes,  rubbish,  filth,  refuse  or  floating  matter,  or  any  other  substance 
or  thing  that  fills  up  or  tends  to  fill  up  any  portion  of  either  of  the 
said  lakes,  or  of  the  said  river  or  lagoons,  without  first  having  obtained 
the  consent  of  the  common  council.  Every  petition  or  resolution  for 
permission  to  fill  up  or  fill  in  any  portion  of  said  lakes,  or  of  said  river 
or  any  lagoon,  shall  be  introduced  at  a  regular  meeting  of  the  common 
council,  and  shall  be  published  at  the  expense  of  the  person  requesting 
such  permission  for  at  least  one  week  before  final  action  shall  be  taken 
thereon.  Every  person  violating  this  section  shall  be  subject  to  a  fine 
of  not  less  than  ten  dollars  nor  more  than  twenty-five  dollars  for  each 
offense,  and  shall  also  be  liable  at  the  suit  of  the  city  for  the  cost  of 
the  removal  from  said  lakes  or  river  or  lagoon  of  the  material  depos¬ 
ited  therein. 

Filing  of  Lake  Ends  of  Streets  When  Dock  Line  Established.  Sec¬ 
tion  2.  Wherever  a  dock  or  harbor  line  shall  be  established  across 
the  end  of  any  street,  and  across  the  lake  end  of  any  abutting  land, 
the  owner  of  such  land  shall  be  required,  before  filling  the  lake  end  of 
such  abutting  lot,  to  fill  such  street  to  the  middle  thereof,  and  to  pro¬ 
tect  the  margin  of  such  filling  so  that  the  same  shall  be  permanent. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


199 


In  case  any  such  lot  owner  shall  fill  any  such  abutting  lot,  and  shall 
not  so  fill  such  stree't,  then  the  common  council  shall  order  such  abut¬ 
ting  portion  of  said  street  to  be  so  filled,  and  the  city  may  recover  the 
cost  thereof  of  such  lot  owner. 

Dock  Line  on  Lake  Monona.  Section  3.  A  dock  line  is  hereby  es¬ 
tablished  on  Lake  Monona  as  follows:  Beginning  at  a  point  on  the 
south-west  line  of  Blair  street  (extended)  four  hundred  and  ten  feet 
south-east  of  the  east  corner  of  lot  ten,  block  115,  thence  north  67°,  east 
385  feet  to  the  outermost  point  of  the  timber  breakwater  now  con¬ 
structed,  being  back  of  lots  1,  2,  3,  4,  and  5,  block  126,  and  beginning 
at  a  point  on  the  south-west  line  of  Blair  street  (extended)  410  feet 
south-east  of  the  east  corner  of  lot  10,  block  115,  thence  south  67°  west 
260  feet,  to  point  of  curvature;  thence  with  9°  curve  to  left  275  feet 
on  curve  to  tangent  point,  said  point  being  25  feet  south-easterly  from 
the  center  line  (extended  north-easterly  in  a  straight  line)  of  the 
north-west  or  older  track  of  the  Chicago  and  Northwestern  Railway 
Company,  thence  parallel  to  and  25  feet  south-east  from  said  center 
line  242  feet  to  point  opposite  tangent  point  of  said  track,  said  last 
tangent  point  being  192 feet  south-east  from,  and  at  right  angles  to 
Wilson  street;  thence  along  last  course  south-westerly  across  block 
270,  being  back  or  south-easterly  of  blocks  269,  270,  and  271. 

Establishment  of  Further  Dock  Line  on  Lake  Monona.  Section  4. 
A  dock  line  is  hereby  established  on  Lake  Monona  as  follows:  Begin¬ 
ning  on  the  north-east  line  of  Dickinson  street,  120  feet  south-east  of 
the  south-east  line  of  Morrison  street,  thence  starting  north-easterly  at 
right  angles  with  Dickinson  street  by  8°  curve,  to  the  left,  250  feet 
along  curve  turning  a  total  angle  of  20°,  thence  on  a  straight  line  to 
intersect  the  south-east  line  of  Morrison  street,  produced,  at  a  point 
456  feet  north-east  from  the  north-east  line  of  Dickinson  street,  thence 
turn  angle  20°  to  the  right,  running  along  the  south-east  line  of  Mor¬ 
rison  street,  produced,  775  feet  to  Catfish  River;  then  starting  again  at 
a  point  80  feet  north-easterly  from  the  last  named  point  on  said  south¬ 
east  line  of  Morrison  street,  produced,  and  turning  an  angle  of  6°  to 
the  left  and  running  on  a  straight  line  1,050  feet  to  intersect  the  line 
forming  the  eastern  city  limits  at  a  point  1,694  feet  south  of  the  center 
line  of  the  Chicago,  Milwaukee  &  St.  Paul  Railway  Company’s  tracks, 

at  the  point  where  the  same  cross  the  said  line  of  city  limits. 

> 

Dock  Line  on  Lake  Mendota.  Section  5.  A  dock  line  is  hereby  es¬ 
tablished  on  Lake  Mendota  as  follows:  Beginning  at  a  point  on  the 
west  line  of  Francis  street  distance  520  feet  north  from  the  north  line  of 
Langdon  street,  thence  along  a  1°,  12'  curve  to  the  right,  having  a 


200  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


radius  of  4,774  feet  and  a  chord,  a  line  from  the  point  of  beginning  to 
a  point  on  the  west  line  of  Lake  istreet  distant  395  feet  north  of  the 
north  line  of  Langdon  street,  to  the  point  on  the  west  line  of  La1^ 
street  395  feet  north  of  the  north  line  of  Langdon  street;  thence  along 
a  3°  curve  to  the  right  with  a  radius  of  1,910  feet  and  a  chord,  a  line 
running  from  the  last  point  described  to  a  point  on  the  east  line  of 
Park  street  distant  408  feet  north  of  the  north  line  of  Langdon  street, 
to  the  point  on  the  east  line  of  Park  street  distant  408  feet  north  of 
the  north  line  of  Langdon  street. 


CHAPTER  XIII. 

NUISANCES. 

Smoke  Nuisances.  Section  1.  The  emission  of  dense  smoke,  soot, 
and  ashes  from  any  engine  or  from  any  smoke-stack  or  chimney  any¬ 
where  within  one  mile  in  any  direction  from  the  capitol  park,  to  the 
injury,  detriment,  hurt,  or  damage  of  property,  or  to  the  injury,  hurt, 
annoyance,  inconvenience  or  discomfort  of  the  public,  is  hereby  de¬ 
clared  to  be  a  nuisance,  and  whosoever  shall  permit  or  allow  the  emis¬ 
sion  of  dense  smoke,  soot,  or  ashes  from  any  such  chimney,  smoke¬ 
stack  or  engine,  to  the  injury,  detriment,  hurt,  or  damage  of  property, 
or  to  the  injury,  hurt,  annoyance,  inconvenience  or  discomfort  of  the 
public,  shall  be  deemed  and  held  guilty  of  creating  a  nuisance,  and  any 
person  creating  such  a  nuisance  shall  be  subject  to  a  fine  of  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars. 

Burning  of  Combustible  Material.  Section  2.  No  person  shall  burn 
any  wood,  grass  or  rubbish  or  other  combustible  material  upon  the 
streets  or  upon  any  lot  in  this  city,  which  may  by  the  smoke  or  heat 
created  by  such  combustion  be  an  annoyance  or  discomfort  to  the 
neighborhood  or  to  the  traveling  public.  Any  person  violating  this 
section,  shall  be  subject  to  a  fine  of  not  more  than  ten  dollars. 

Maintenance  of  Barbwire  Fences.  Section  3.  It  shall  be  unlawful 
for  any  owner  or  occupant  of  land  in  the  city  to  build  or  maintain  any 
fence  constructed  wholly  or  in  part  of  barb-wire  along  any  public 
street  adjacent  to  any  sidewalk,  or  to  build  or  maintain  any  barb-wire 
fence  as  a  division  fence  between  any  lots  or  parts  of  lots  occupied  for 
residence  purposes.  Any  person  violating  this  section  shall  be  subject 


GENERAL  ORDINANCE  OE  THE  CITY  OF  MADISON. 


201 


■r— p 


to  a  fine  of  not  more  than  ten  dollars,  and  each  day’s  continuance  of 
such  fence  after  notice  in  writing  by  the  superintendent  of  streets  to 
remove  the  same  ’shall  constitute  a  separate  offense. 

Noxious  Weeds.  Section  4.  The  superintendent  of  streets,  or  the 
commissioner  of  noxious  weeds,  shall  notify  owners  or  occupants  of 
lots  in  front  of  or  upon  which  Canada  or  other  thistles,  melilotus  alba 
(commonly  called  “sweet  clover”),  chicorium  intybus  (commonly  called 
“chicory”),  ambrosia  artemis  laepolia  (commonly  called  “rag  weed”), 
lactuca  scariola  (commonly  called  “prickly  lettuce”),  hordeum  jubatum 
(commonly  called  “squirrel  tail”),  lappa  officinalis  (commonly  called 
“burdock”),  white  or  ox-eyed  daisy,  snapdragon  or  toad  flax,  cockle-burr, 
sow  thistle,  sour  dock  and  yellow  dock,  or  any  other  noxious  weed  or 
weeds  are  growing,  that  they  must  be  cut  down.  In  case  said  owners 
or  occupants  shall  neglect  for  three  days  to  comply  with  such  notice, 
said  superintendent  of  streets  or  commissioner  of  noxious  weeds  afore¬ 
said  shall  dwst.roy  such  weeds  or  cause  them  to  be  destroyed,  and  the 
expense  shall  be  charged  against  such  lots,  and  be  collected  as  a  spe¬ 
cial  tax  thereon. 


CHAPTER  XIV. 

•  SEWERS  AND  DRAINS. 

Supervision  of  Drains  and  Sewers.  Section  1.  All  drains  and 
sewers  shall  be  under  the  supervision  of  the  city  surveyor,  and  no 
sewer  or  drain  shall  be  laid,  and  no  opening  into  or  connection  there¬ 
with  be  made,  except  under  his  direction  and  supervision,  and  except 
under  a  written  permit  by  him  issued.  For  each  permit  to  connect  a 
private  drain  or  sewer  with  a  public  sewer,  the  applicant  shall  pay  to 
the  city  surveyor,  for  the  use  of  the  city,  a  fee  of  one  dollar. 

Permit — How  Granted.  Section  2.  Such  permit  shall  be  granted 
only  upon  a  written  application  by  a  licensed  drain  layer,  authorized 
by  the  owner  or  agent  of  the  premises  desiring  to  n~ake  such  connec¬ 
tion,  stating  the  name  of  the  owner,  and  that  he  and  such  drain  layer 
will  be  bound  by  and  be  subject  to  all  the  rules  and  regulations  pre¬ 
scribed  by  the  common  council  and  the  city  surveyor,  and  giving  the 
exact  location  of  the  connection  proposed  to  be  made,  stating  the  pur¬ 
pose  for  which  the  drain  is  to  be  used  and  the  time  when  the  connection 
is  to  be  made,  and  all  other  particulars  in  respect  thereto. 


202 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


Specifications.  Section  3.  Upon  every  such  permit  there  shall  be 
endorsed  by  the  city  surveyor  the  specifications  for  the  sewer  or  drain 
purposed  to  be  laid,  and  the  same  shall  be  laid  in  strict  conformity 
thereto. 

Record  Kept  by  City  Surveyor.  Section  4.  The  city  surveyor  shad 
keep  a  record,  in  a  book  to  be  provided  for  that  purpose,  of  the  name 
of  the  owner  of  the  premises  desiring  to  make  such  connection  and  of 
the  drain  layer  purposing  to  lay  the  same  and  of  the  exact  location  of 
the  connection  with  the  public  sewer  of  each  drain  or  sewer  so  laid. 

Making  Connections  Without  Permit.  Section  5.  Any  person  who 
shall  make  any  connection  with  or  opening  into  any  sewer  without 
having  first  obtained  such  permit  from  the  city  surveyor  shall  be  sub¬ 
ject  to  a  fine  of  not  more  than  one  hundred  dollars  for  each  offense. 

Uncovering  or  Excavating  Around  Sewer,  Without  Permit.  Section 
6.  Any  person,  who  shall  uncover  or  excavate  under  or  around  any 
sewer  for  any  purpose  whatever,  without  the  written  permit  of  the 
city  surveyor,  'shall  be  subject  to  a  fine  of  not  more  than  one  hundred 
dollars;  and  the  person  by  whom  the  work  is  done,  and  his  employer, 
shall  be  deemed  guilty  of  a  violation  of  this  section. 

Connections  With  Sewers  When  Streets  Ordered  Macadamized. 
Section  7.  Whenever  an  order  shall  be  duly  made  by  the  common 
council  for  macadamizing  or  paving  any  street  it  shall  be  the  duty  of 
all  lot  owners  to  connect  with  the  main  sewers  to  the  curb  stone,  on 
those  streets  where  sewers  are  constructed,  before  the  macadamizing 
or  paving  thereof  commences,  but  such  connection  shall  be  made  by  a 
licensed  drain  layer  under  the  direction  of  the  city  surveyor  and  pur¬ 
suant  to  plans  and  specifications  prepared  by  him,  and  not  otherwise. 
And  in  case  no  such  connection  shall  be  so  made  by  such  lot  owner  the 
city  surveyor  shall  cause  such  connection  to  be  made,  and  the  expense 
thereof  shall  be  a  lien  upon  such  lot  and  shall  be  collected  as  other 
taxes  on  real  estate  in  said  city  are  collected. 

Draining  of  Rain  and  Surface  Water  into  Sewers.  Section  8.  No 
person  shall  connect  or  permit  to  be  connected  the  down  spouts  of  any 
building  with,  or  in  any  other  manner  cause  or  permit  rain  or  surface 
water  to  drain  into,  any  sewer. 

Use  of  Sewers.  Section  9.  No  person  shall  deposit  or  permit  to  be 
deposited  in  any  sewer  or  drain  any  garbage,  gas  tar,  grease,  rags,  or 
any  other  substance  calculated  to  cause  any  obstruction,  nuisance  or 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


203 


explosion  therein,  or  do  any  act  which  may  cause  injury  thereto.  Any 
person  who  shall  violate  any  provision  of  this  section  shall,  in  addi¬ 
tion  to  the  penalty  hereinafter  provided,  be  liable  at  the  suit  of  the 
city  for  the  cost  of  removing  such  obstruction  and  of  repairing  any 
injury  resulting  therefrom. 

Sewage  Met  to  be  Discharged  into  Lakes,  Etc.  Section  10.  It  shall 
be  unlawful  for  the  owner  or  occupant  of  any  real  estate  to  discharge 
sewage  therefrom  into  the  waters  of  Lakes  Mendota,  Monona,  Wingra 
or  the  Yahara  river,  or  into  any  sewer  connected  with  or  discharging 
into  said  lakes  or  river,  or  to  permit  the  same  to  be  so  discharged  from 
such  premises;  provided,  that  this  section  shall  not  apply  to  sewers 
already  constructed  and  in  operation  from  real  estate  in  said  city  not 
accessible  to  a  public  sewer,  until  such  time  as  a  public  sewer  shall  be 
constructed  which  shall  be  accessible  from  such  real  estate. 

Character  of  Drain  Pipe.  Section  11.  In  all  cases,  except  where 
otherwise  directed  by  the  city  surveyor,  the  drain  pipe  extending  from 
the  main  sewer  to  the  inside  of  the  building,  or  if  not  taken  into  the 
building,  then  to  any  other  place  which  it  is  intended  to  drain,  must 
consist  of  good,  salt  glazed  vitrified  earthenware  pipe,  and  b^  subject 
to  the  approval  of  the  city  surveyor. 

Laying  of  Drain  Pipe.  Section  12.  Except  where  otherwise  di¬ 
rected  by  the  surveyor,  the  least  inclination  that  will  be  al¬ 
lowed  for  water-closet,  kitchen  and  all  other  drains  of  not  over 
six  inches  in  diameter,  liable  to  receive  solid  substances,  is  one- 
half  an  inch  in  two  feet,  and  for  cellar  or  other  drains  to  receive  solid 
substances,  is  one-half  an  inch  in  two  feet  and  for  cellar  or  other 
drains  to  receive  water  only,  is  one-quarter  of  an  inch  in  two  feet.  All 
drains  shall  be  laid  at  a  grade  of  not  over  one-half  an  inch  in  two  feet 
between  the  sewer  and  the  sidewalk;  and  the  whole  must  be  exam¬ 
ined  by  the  city  surveyor  or  by  some  inspector  designated  by  him 
before  it  is  covered  up. 

The  ends  of  all  pipes  not  to  be  immediately  connected  with  water- 
closets,  sinks,  or  catch  basins,  are  to  be  securely  closed  against  the  in¬ 
troduction  of  sand  or  earth,  by  brick  or  cement,  and  all  joints  along 
the  entire  length  of  the  drain  are  to  be  securely  and  completely  bedded 
and  covered  in  good  hydraulic  cement  so  as  to  prevent  the  escape  of 
water,  sewage  or  gas. 

The  inside  of  every  drain,  after  it  is  laid,  must  be  left  smooth  and 
perfectly  clean  through  the  entire  length,  and  on  a  true  and  uniform 
grade. 


204:  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


The  drain  pipe  will  not  be  permitted  to  be  laid  nearer  than  eighteen 
inches  to  any  water  service  pipe. 

When  any  change  of  direction  is  made  in  a  drain,  either  in  a  hor¬ 
izontal  or  vertical  direction,  the  same  shall  -be  made  upon  a  curve  and 
no  pipe  shall  in  any  case  be  clipped. 

Drain  pipes  shall  not  be  placed  on  wood  or  other  perishable  ma¬ 
terial. 

In  case  a  water  or  gas  pipe  should  come  in  the  way  of  a  drain,  the 
question  of  passing  over  or  under  the  water  or  gas  pipe,  or  of  raising 
or  lowering  such  drain,  shall  be  determined  by  the  city  surveyor. 

Catch-Basins,  Traps,  Etc.  Section  13.  When  packing  houses, 
butchers’  shops,  lard  rendering  establishments,  hotels  or  eating  houses 
are  connected  with  the  sewers,  the  dimensions  of  catch-basins  will  be 
required  to  be  as  directed  by  the  city  surveyor. 

No  catch-basin  shall  be  built  in  a  public  street,  but  must  be  placed 
inside  the  line  of  the  lot  to  be  drained,  excepting  that  the  same  may 
be  placed  under  a  sidewalk  when  the  space  under  the  walk  is  ex¬ 
cavated  and  used  as  a  vault. 

Good  and  sufficient  running  traps  must  be  placed  on  each  house 
drain  before  the  same  enters  any  house  or  building. 

Restrictions.  Section  14.  No  privy  vault,  and  no  exhaust  from  any 
steam  engine  and  no  blow  off  from  any  steam  boiler  shall  be  directly 
or  indirectly  connected  with  any  public  drain  or  sewer. 

No  drain  layer  shall  allow  his  name  to  be  used  by  any  other  person 
or  party,  directly  or  indirectly,  either  for  the  purpose  of  obtaining  per¬ 
mits,  or  of  doing  any  work  under  his  license. 

Penalty.  Section  15.  Any  drain  layer  who  shall  be  guilty  of  a  vio¬ 
lation  of  any  of  the  provisions  of  this  chapter  shall  be  deemed  to  have 
forfeited  his  license;  and  any  person  violating  any  of  the  provisions 
of  this  chapter  for  which  a  penalty  is  not  already  provided,  shall  be 
subject  to  a  fine  of  not  less  than  five  dollars  or  more  than  one  hundred 
dollars. 


GENERAL,  ORDINANCE  OF  THE  CITY  OF  MADISON.  205 


CHAPTER  XV. 

STREETS,  ALLEYS,  SIDEWALKS  AND  GUTTERS. 

Superintendent  of  Streets  to  Keep  a  Record.  Section  1.  It  shall  be 
the  duty  of  the  superintendent  of  streets  to  keep  a  permanent  record 
of  all  work  ordered  and  performed,  contracts  let,  and  notices  given  by 
him  in  behalf  of  the  city,  and  to  deliver  such  record  to  his  successor 
in  office  at  the  expiration  of  his  term  of  office. 

Sidewalk  Inspector.  Section  2.  The  superintendent  of  streets  shall 
appoint  a  suitable  person  as  sidewalk  inspector  for  such  length  of 
time  in  each  year  as  he  shall  deem  necessary,  whose  compensation 
shall  be  fixed  by  the  common  council. 

Street  Assessment  Committee.  Section  3.  Until  a  board  of  public 
works  shall  be  established,  the  mayor,  the  city  surveyor,  the  city  clerk, 
the  chairman  of  the  street  committee  and  the  city  attorney  shall  be 
and  they  are  hereby  designated  and  appointed  to  perform  all  duties, 
in  such  sections  of  chapter  40a,  Wisconsin  Statutes  of  1898,  and  the 
amendments  thereto,  as  have  already  been  or  shall  hereafter  be 
adopted  by  the  city  of  Madison,  to  be  performed  by  the  so  called  board 
of  public  works,  and  that  said  officers  shall  be  designated  the  street 
assessment  committee. 

Placing  of  Building  Materials  on  Streets,  Etc. — Permit  Must  Be  Had. 

Section  4.  No  person  shall  place  or  cause  or  procure  to  be  placed  any 
stone,  timber,  plank,  boards  or  other  material  for  building,  in  or  upon 
any  sidewalk,  street,  alley  or  public  ground,  without  first  having  and 
obtaining  a  permit  therefor  in  writing,  a,3  hereinafter  provided. 

Permit — Mayor  and  Superintendent  of  Streets  to  Grant  Same — 
Time  of — May  be  Extended.  Section  5.  The  mayor  and  super¬ 
intendent  of  streets  are  hereby  empowered  to  grant  to  any 
person  a  written  permit  to  place  and  keep  any  building  materials 
in  and  on  any  of  the  sidewalks,  streets,  alleys,  or  public  grounds, 
for  a  period  not  exceeding  three  months,  upon  the  written  ap¬ 
plication  of  such  person  where,  in  their  discretion,  such  permit 
will  not  unreasonably  interfere  with  the  public  safety  and  con¬ 
venience;  but  such  permit  shall  not  authorize  the  obstruction  of  more 
than  one-half  of  any  sidewalk  or  of  more  than  one-third  of  the  carriage 


206  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


way  of  any  street  opposite  the  premises  of  the  person  to  whom  such 
permit  is  granted;  and  no  such  permit  shall  authorize  the  leaving  of 
less  than  twelve  feet  between  the  obstruction  thereby  authorized  and 
the  track  of  any  street  railway  in  said  city.  In  any  case,  the  mayor 
and  superintendent  of  streets  may  in  their  discretion  extend  any  per¬ 
mit  for  the  deposit  of  building  material,  previously  granted  by  them, 
upon  like  application  to  that  herein  prescribed,  for  a  period  of  time 
not  exceeding  thirty  days  beyond  the  original  time  limited;  provided, 
that  no  such  permit  shall  be  extended  in  all  more  than  four  months 
beyond  the  time  originally  limited  thereby.  No  further  obstruction 
than  that  authorized  by  this  section  shall  be  permitted  except  by  reso¬ 
lution  or  ordinance  of  the  common  council,  wrhich  resolution  or  ordi¬ 
nance  shall  specify  the  conditions  under  which  the  privilege  thereby, 
granted  is  to  be  enjoyed. 

Permit  Granted  Only  Upon  Written  Application — What  Application 
to  Contain.  Section  6.  No  permit  shall  be  granted  under  section  4  of 
this  chapter  excepting  upon  a  written  application  therefor  by  the  per¬ 
son  seeking  the  same,  which  application  shall  distinctly  specify  the 
place,  by  lot,  block,  and  street,  at  which  such  obstruction  is  desired  to 
be  placed,  and  the  character  of  the  obstruction  for  which  permission  is 
sought;  and  shall  further  undertake  to  save  the  city  harmless  from  any 
injuries  which  may  be  incurred  by  the  deposit  of  such  material  pursu¬ 
ant  to  the  permit  desired. 

Obstructions  to  Be  Lighted  at  Night.  Section  7.  The  person  to 
whom  such  permit  is  granted  shall  cause  the  obstruction  so  permitted 
to  be  properly  lighted  at  night  in  such  manner  as  to  warn  all  persons 
traveling  upon  said  street,  sidewalk  or  alley  of  such  obstruction,  so 
long  as  such  obstruction  shall  remain. 

Penalty.  Section  8.  Any  person  who  shall  deposit  or  cause  to  be 
deposited  any  such  material  upon  any  of  the  sidewalks,  streets,  alleys 
or  public  grounds  of  said  city  without  the  permit  above  prescribed,  or 
who  having  obtained  such  permit  shall  fail  to  remove  or  cause  to  be 
removed  all  such  material  and  the  rubbish  arising  therefrom  from  the 
sidewalk,  street,  alley  or  public  ground,  at  the  expiration  of  the  time 
limited  as  aforesaid,  or  shall  fail  to  light  the  same  as  herein  required, 
shall  be  subject  to  a  fine  of  not  less  than  three  dollars,  nor  more  than 
twenty-five  dollars. 

Moving  of  Buildings — Permits  Must  Be  Had.  Section  9.  No  person 

shall  remove  or  cause  or  permit  to  be  removed  or  shall  aid  or  assist  in 
removing  any  building  into,  or  along,  or  across  any  street  in  this  city 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  207 


until  the  owner  or  contractor  shall  have  first  filed  with  the  superintend¬ 
ent  of  streets  application  for  a  permit  for  such  removal.  Said  applica¬ 
tion  shall  describe  the  building  to  be  removed  and  the  point  to  which  it 
is  to  be  removed  and  the  exact  route  to  be  taken;  said  application  shall 
also  be  accompanied  by  a  certified  check  in  the  sum  of  twenty-five  dol¬ 
lars,  and  shall  be  conditioned  that  all  damages  done  to  any  street  or 
sidewalk  by  the  moving  of  such  building  shall  immediately  be  re¬ 
paired  by  the  petitioner,  and  on  his  failure  so  to  do  within  twenty- 
four  hours  after  such  damage  has  been  committed,  the  superintendent 
of  streets  may  cause  such  repairs  to  be  made  and  the  cost  thereof  to 
be  deducted  from  said  deposit.  Said  deposit  and  no  part  thereof  shall 
be  returned  until  all  injuries  caused  by  the  removal  petitioned  for 
have  been  repaired  or  paid  for  as  above  provided.  Such  removal  shall 
be  completed  within  such  reasonable  time,  not  exceeding  ten  days,  as 
shall  be  limited  by  the  permit  above  prescribed;  provided,  that  the 
superintendent  of  streets  may  extend  such  time  when  necessary,  for 
a  period  not  exceeding  ten  days.  Said  building  shall  be  lighted  dur¬ 
ing  the  night  time  during  such  removal.  Each  forty-eight  hours  dur¬ 
ing  which  such  obstruction  shall  not  be  removed  after  such  permit 
shall  expire,  and  each  night  during  any  part  of  which  the  same  shall 
not  be  lighted,  shall  constitute  a  separate  offense. 

Penalty.  Section  10.  Any  person  violating  any  provision  of  section 
nine  of  this  chapter  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars 

nor  more  than  fifty  dollars  for  each  offense. 

\ 

"s 

Persons  Receiving  Permit  Liable  to  City  for  Damages.  Section  11. 
The  person  applying  for  and  receiving  such  permit  prescribed  in  sec¬ 
tion  eight  of  this  chapter  shall  be  liable,  to  the  city  for  any  damage  for 
which  the  city  shall  be  liable  and  for  any  expense  incurred  by  the  city 
in  the  performance  of  any  of  the  things  required  to  be  done  by  the 
person  receiving  such  permit  in  the  removal  of  the  building,  or  in  any 
other  manner,  to  the  total  amount  of  any  such  damage  or  expense. 

No  Excavation  to  Be  Made  Without  Permit.  Section  12.  No  officer 
or  agent  of  the  city  and  no  person,  firm  or  corporation  shall  make,  or 
cause  to  be  made,  any  excavation  in  or  under  any  street,  alley  or  side¬ 
walk  in  the  city,  without  first  obtaining  from  the  city  clerk  a  written 
permit  for  the  making  of  such  excavation,  which  permit  ‘shall  state 
the  facts  hereinafter  required  to  be  stated  in  the  application  therefor. 

Permit — How  Issued — Application  for  Same.  Section  13.  Such  per¬ 
mit  shall  be  issued  only  upon  a  written  application  signed  by  the  per¬ 
son,  firm  or  corporation  desiring  to  make  such  excavation,  and  shall 


208  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


describe  the  place  where  such  excavation  is  proposed  to  be  made  with 
such  certainty  that  the  same  may  at  all  times  be  readily  located,  and 
shall  specify  the  purpose  for  which  said  excavation  is  to  be  made,  and 
when  it  is  proposed  to  begin  making  the  same.  In  case  such  excava¬ 
tion  is  to  be  made  by  the  city,  or  any  department  thereof,  then  such 
application  shall  be  signed  by  the  superintendent  of  the  department 
under  whose  directions  the  work  is  to  be  done.  All  such  applications 
shall  be  numbered  and  filed  by  the  city  clerk. 

Undertaking — What  to  Cover.  Section  14.  In  case  such  excavation 
is  not  to  be  made  by  the  city,  or  one  of  the  departments  thereof,  then 
such  application  shall  contain  an  undertaking  on  the  part  of  the  per¬ 
son,  firm,  or  corporation  proposing  to  make  the  same,  that,  in  consid¬ 
eration  of  being  permitted  so  to  make  such  excavation,  such  person, 
firm  or  corporation  will  leave  the  street,  sidewalk,  or  alley  in  as  good 
condition  as  the  same  was  in  when  the  work  was  commenced,  and  that 
he  or  they  or  ic  will  at  all  times  keep  the  place  where  such  excavation 
is  made  properly  guarded  by  day  and  lighted  by  night  so  as  to  suffi¬ 
ciently  warn  travelers,  and  will  save  the  city  harmless  from  any  and 
all  damages,  costs  and  charges  that  may  accrue  from  the  applicant’s 
use  of  such  street,  sidewalk  or  alley. 

Clerk  to  Keep  a  Record  of  Permits.  Section  15.  A  record  of  all 
permits  issued  under  the  provisions  of  this  chapter  by  the  city  clerk 
shall  be  kept  by  him,  which  record  shall  state  the  name  of  each  appli¬ 
cant,  the  name  of  the  person,  firm  or  corporation,  or  superintendent  of 
the  department  of  the  city,  to  whom  the  permit  thereon  was  issued, 
and  shall  also  contain  the  facts  as  to  location,  purpose  of  excavation, 
and  time  when  the  work  is  to  begin,  required  to  be  stated  in  the  appli¬ 
cation,  which  record  shall  be  open  to  public  inspection. 

Excavation  in  Macadamized  Streets — How  Made  and  Filled.  Section 
16.  When  excavations  are  made  in  a  macadamized  street,  they  shall 
be  made  and  filled  hi  the  manner  following,  and  not  otherwise:  The 
excavation  shall  not  be  larger,  and  shall  not  be  left  open  longer,  than 
the  necessities  of  the  work  demand;  all  earth,  stone,  and  screenings 
excavated  shall  be  used  in  refilling  the  excavation,  unless  a  pipe  or 
main  shall  be  placed  therein  exceeding  eight  inches  in  diameter;  such 
earth,  stone  and  screenings  shall  be  carefully  separated,  and  shall  be 
replaced  in  the  proper  order;  in  replacing  the  same,  water  shall  not  be 
used  except  upon  the  written  permission  of  the  city  surveyor,  and  such 
earth,  stone  and  screenings  respectively  shall  be  thoroughly  and 
properly  tamped,  so  that  upon  the  completion  of  the  work  the  street 
is  left  in  as  good  condition  as  the  same  was  in  before  the  excavation 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


209 


was  made.  When  such  excavations  are  made  in  a  street  not  macad¬ 
amized  or  improved,  the  same  shall  be  refilled  in  such  manner  as  to 
leave  the  street  in  as  good  condition  as  the  same  was  in  before  the 
excavation  was  made. 

Street  Committee  to  Inspect  Refilled  Excavations  and  Report.  Sec¬ 
tion  17.  The  street  committee  shall  once  in  every  two  months  in¬ 
spect,  or  cause  to  be  inspected,  all  work  of  refilling  excavations  done 
during  the  preceding  two  months,  and  shall  report  to  the  common 
council  all  cases  wherein  depressions  exist,  or  the  work  otherwise 
appears  to  have  been  improperly  performed,  stating  the  place  where 
such  improper  work  was  done,  whether  a  license  was  issued  for  the 
doing  of  the  same,  and  the  name  of  the  person,  firm  or  corporation  by 
or  for  whom  the  work  was  done,  giving,  in  case  the  work  was  done  for 
the  city,  the  name  of  the  superintendent  of  the  department  thereof 
having  charge  of  the  same. 

Penalty  for  Violating  Sections  12,  13,  14,  and  16.  Section  18.  Any 
person,  firm  or  corporation  who  shall  violate  any  of  the  provisions  of 
sections  12,  13,  14,  and  16  of  this  chapter  shall  be  subject  to  a  fine  of 
not  less  than  five  nor  more  than  fifty  dollars. 

Encroachments  on  Streets.  Section  19.  No  person  shall  hereafter 
construct  any  steps,  stairs,  building,  fence,  bay-window,  platform,  trap¬ 
door,  cellar-door,  area,  balcony,  cornice  or  other  encroachment  or  ob¬ 
struction  upon  or  in  any  street,  alley  or  public  ground,  without  the 
previous  consent,  by  ordinance,  of  the  common  council.  Any  person 
■who  shall  violate  the  provisions  hereof  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars,  and  each 
twenty-four  hours’  continuance  of  such  encroachment  or  obstruction 
shall  constitute  a  separate  offense. 

Failure  to  Remove  Encroachment.  Section  20.  If  any  person  shall 
fail  after  notice  by  the  common  council  to  remove  any  such  encroach¬ 
ment  or  obstruction  heretofore  made  by  the  express  consent  of  the 
common  council  or  otherwise,  he  shall  be  subject  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars,  and  each  twenty- 
four  hours’  continuance  of  such  encroachment  or  obstruction  after  the 
time  fixed  by  the  common  council  for  such  removal  shall  constitute  a 
separate  offense. 

Poles  Erected — Subject  to  Regulations  and  Alterations.  Section  21. 
The  city  shall  have  the  right  at  any  time  to  designate  the  location 
of  all  telephone,  telegraph,  electric,  railroad  or  street  railway  poles 

14 


210 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


and  posts  erected  on  or  in  the  public  streets  and  alley  and  may 
from  time  to  time  direct  any  alteration  in  the  location  of  such  poles 
or  posts,  the  height  thereof  and  the  height  iX  and  the  manner  in  which 
all  wires  thereon  shall  be  run.  Any  such  alteration  shall  be  made  at 
the  cost  of  the  owner  or  owners  of  such  poles  and  posts,  but  before 
any  alteration  is  made  at  least  five  days’  notice  in  writing  shall  be 
given  the  president  or  local  officer  in  charge  of  the  company  or  to  the 
person  or  persons  affected  by  the  proposed  alteration,  and  reasonable 
opportunity  shall  be  afforded  such  person  or  persons  or  the  representa¬ 
tives  of  such  company  or  any  citizen  interested,  to  be  heard  thereon. 
When  any  such  alteration  shall  be  ordered,  said  company  shall,  within 
five  days  thereafter,  commence  such  alteration  and  complete  the  same 
as  soon  as  practicable  thereafter,  and  upon  failure  so  to  do  the  city 
may  perform  said  work  at  the  proper  charge  or  cost  of  the  owner  of 
said  poles,  posts,  or  wires,  and  the  said  person,  persons  or  company 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  subject  to  a  fine 
of  not  exceeding  one  hundred  dollars. 

Poles — Material  and  Height.  Section  22.  All  poles  or  posts  of  iron 
or  other  metal  shall  be  of  such  height  and  pattern  as  shall  be  approved 
of  by  the  mayor,  the  city  surveyor  and  the  superintendent  of  streets; 
if  of  wood,  all  such  poles  or  posts  shall  be  of  sound  timber  of  uniform 
size  and  shape  and  they  shall  be  thoroughly  painted  black  for  a  dis¬ 
tance  of  eight  (8)  feet  above  the  ground,  and  from  that  point  to  the  top 
they  shall  be  painted  white  or  green,  and  all  telephone  or  telegraph 
poles  or  posts  within  a  distance  of  one  mile  from  the  capitol  park  in 
said  city  shall  be  at  least  thirty-two  feet  in  height  above  the  ground, 
and  the  wires  thereon  shall  not  be  less  than  thirty  feet  above  the 
ground,  but  said  telephone  or  telegraph  poles  and  wires  shall  be  of  a 
greater  height  whenever  ordered  by  the  mayor,  city  surveyor  and  su¬ 
perintendent  of  streets.  All  other  electric  poles,  posts  and  wires  shall 
be  of  such  height  as  the  mayor,  city  surveyor  and  superintendent  of 
streets  shall  direct. 

Poles  Not  to  Be  Erected  Without  Permission.  Section  23.  Before 
any  person,  persons,  corporation  or  association  shall  erect  any  tele¬ 
graph,  telephone,  electric  or  railway  poles  or  posts  upon  any  street  or 
alley,  they  shall  submit  to  the  mayor,  city  surveyor  and  superintendent 
of  streets  the  route  of  their  proposed  line  or  lines,  or  any  extension 
thereof,  stating  the  name  of  the  street  or  streets  to  be  occupied,  or  if 
an  alley,  the  number  of  the  block,  and  as  far  as  practicable  the  loca¬ 
tion  of  each  pole  or  post,  and  the  number  and  location  of  the  wires, 
and  no  such  pole  or  posts  shall  be  erected  until  permission  shall  be 
first  obtained  from  the  mayor,  city  surveyor  and  superintendent  of 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  211 


streets;  provided,  however,  that  no  additional  poles  or  posts  shall  be 
erected  on  State  street  or  the  public  highways  bounding  the  capitol 
park. 

Poles — Use  of  Alleys  for  Erection  of.  Section  24.  Whenever  in  the 
judgment  of  the  mayor,  city  surveyor  and  superintendent  of  streets 
the  use  of  any  alley  for  the  purpose  of  erecting  the  poles  or  posts 
herein  mentioned  is  practicable,  such  poles  or  posts  shall  be  placed 
upon  and  along  said  alley  instead  of  upon  and  along  a  public  street. 
When  the  poles  are  set  in  any  alley,  they  shall  be  located  as  near  the 
side  lines  as  practicable,  and  in  such  manner  as  not  unreasonably  to 
incommode  the  public  or  the  adjoining  proprietor,  or  resident. 

Poles — Erected  in  Streets.  Section  25.  Whenever  such  poles  or 
posts  are  erected  in  a  street,  they  shall  be  placed  in  all  cases,  unless 
specially  directed  otherwise  by  the  mayor,  city  surveyor  and  superin¬ 
tendent  of  streets,  on  the  outer  edge  of  the  sidewalk  just  inside  of  the 
curbstone,  and  on  the  line  dividing  the  lots  one  from  another;  and  in 
no  case  to  be  so  placed  as  to  unreasonably  incommode  the  public  or  the 
adjoining  proprietor  or  resident,  or  to  disturb  the  drainage  of  the 
street,  or  interrere  with  or  damage  the  trees  or  other  public  or  private 
property  on  the  line  of  the  street  or  alley  where  such  poles  or  posts 
shall  be  erected,  unless  the  consent  of  the  owner  of  said  trees  or  other 
property  and  of  the  mayor,  city  surveyor  and  superintendent  of  streets 
shall  have  been  obtained. 

Poles — Resetting  of,  When  Streets  Regraded.  Section  26.  When¬ 
ever  any  street,  on  which  any  of  said  poles  or  posts  shall  have  been 
set,  shall  be  graded  or  paved,  all  said  poles  or  posts  shall  be  reset  im¬ 
mediately  so  as  to  conform  to  the  street  as  reconstructed,  and  the 
owner  or  owners  thereof  shall  immediately  put  in  order  all  those  parts 
of  the  streets,  alleys,  sidewalks  or  public  grounds  so  used. 

Right  Reserved  to  City  to  Grant  Right  of  Way  for  Erection  of  Poles, 

Etc.  Section  27.  The  city  expressly  reserves  the  right  to  grant  the 
right  of  way  to,  in,  and  upon  the  streets,  sidewalks,  alleys  and  public 
grounds  of  said  city  for  the  erection,  maintenance  and  use  of  the 
necessary  poles  or  posts  and  wires,  to  any  telephone,  telegraph,  elec¬ 
tric  or  railway  company,  the  same  not  to  interfere  with  the  proper  use 
of  the  rights  heretofore  granted. 

Right  Reserved  to  City  to  Grant  to  Others  Use  of  Poles  Already 
Erected — Compensation.  Section  28.  The  city  also  reserves  the 
right  to  allow  or  grant  to  any  person,  persons,  corporation  or  asso¬ 
ciation  other  than  the  owner  of  said  telegraph,  telephone,  electric 


212  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


or  railway  poles  or  post's,  the  right  to  use  such  poles  or  posts,  pro¬ 
vided  said  use  of  said  poles  or  posts  shall  be  subordinate  to  the  pri¬ 
mary  use  of  the  owner  or  owners  thereof,  and  provided  further,  that 
such  use  by  any  person,  persons,  corporation  or  association,  other  than 
the  owner,  shall  be  on  the  payment  of  a  reasonable  compensation  or 
such  compensation  as  the  common  council  shall  determine,  to  such 
owner  for  the  use  of  such  poles  or  posts.  When  there  is  a  line  of 
poles  or  posts  on  the  street,  the  mayor,  city  surveyor  and  superintend¬ 
ent  of  streets  shall  not  grant  permission  for  the  erection  of  an  addi¬ 
tional  line  of  poles  or  posts,  if  the  use  by  the  applicant  of  the  poles  or 
posts  already  erected  shall  be  practicable. 

Wires — Right  Reserved  to  City  to  Have  Same  Placed  Under  Ground. 

Section  29.  The  city  reserves  the  right  at  any  time  to  order  any  or 
all  wires  heretofore  or  hereafter  run  in  said  city,  to  be  cabled  or  to  be 
placed  underground,  and  to  order  poles  and  posts  supporting  the  same 
to  be  removed  from  the  public  highway.  On  the  failure  of  the  owner 
thereof  to  comply  with  the  said  order  within  the  time  therein  desig¬ 
nated,  the  common  council  may  order  the  same  to  be  summarily  re¬ 
moved. 

Conduits — Right  of  City  to  Locate  and  Alter  Conduits.  Section 
30.  The  city  shall  have  the  right  at  any  time  to  designate  the  loca¬ 
tion  of  all  conduits,  manholes,  distributing  posts  and  other  necessary 
appliances  for  the  purpose  of  laying  or  protecting  telephone,  tele¬ 
graph,  or  other  electric  wires  in  the  public  streets,  alleys  or  other  pub¬ 
lic  places  and  reserves  the  right  for  good  and  sufficient  cause  to  order 
alterations  in  the  location  of  such  conduits  and  appliances  connected 
therewith.  But  before  any  such  alteration  is  made,  at  least  five  days’ 
notice  in  writing  shall  be  given  the  president  or  local  officer,  in  charge 
of  the  company,  or  person,  or  persons,  affected  by  the  proposed  altera¬ 
tion,  and  reasonable  opportunity  shall  be  afforded  such  person  or  per¬ 
sons,  or  the  representative  of  such  company,  or  any  citizen  interested, 
to  be  heard  thereon.  When  any  such  alteration  shall  be  ordered,  the 
owner  or  owners  of  the  said  conduit  shall  within  ten  days  there-, 
after  commence  such  alteration  and  complete  the  same  as  soon  as 
practicable  thereafter.  Upon  failure  so  to  do,  the  city  may  perform 
said  work  at  the  proper  charge  or  cost  of  the  said  owner  or  owners, 
and  the  person,  persons,  or  company  failing  to  comply  with  said  order 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine 
of  not  exceeding  one  hundred  dollars. 

Conduits,  Manholes,  Subject  to  Approval.  Section  31.  All  conduits, 
manholes  and  all  other  appliances  or  fixtures  shall  be  of  such  material, 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON.  213 


size  and  dimensions  as  shall  be  approved  of  by  the  mayor,  the  city 
surveyor,  and  the  superintendent  of  streets. 

Location  of  Same.  Section  32.  Before  any  person,  persons,  corpora- 
tion  or  association  shall  lay  a  conduit  for  telephone,  telegraph,  or 
other  electric  wires  in  or  upon  any  street  or  alley,  such  person,  per¬ 
sons,  corporation  or  association  shall  submit  to  the  mayor,  city  sur¬ 
veyor,  and  superintendent  of  streets,  the  route  of  the  proposed  con¬ 
duits,  stating  the  name  of  the  street,  or  streets,  or  if  any  alley,  the 
proper  designation  thereof,  and  the  exact  line  and  location  of  the  pro¬ 
posed  conduit — its  distance  from  the  gutter,  its  depth,  the  manner  of 
laying  the  same  and  of  carrying  said  wires  or  cables,  and  the  location 
of  the  manholes  and  distributing  posts.  No  such  conduits  shall  be 
laid  until  the  written  consent  and  approval  of  the  mayor,  city  surveyor, 
and  superintendent  of  streets  shall  be  first  had. 

Conduits — How  Laid.  Section  33.  Such  conduit  shall  be  laid  so  as 
not  to  disturb  the  drainage  of  the  street  or  interfere  with,  or  damage 
the  street,  or  water  or  sewer  pipe,  or  other  public  or  private  property. 
When  such  conduit  comes  in  contact  with  any  water,  sewer,  gas  or 
other  pipe,  it  shall  be  laid  as  directed  by  the  city  surveyor.  Nothing 
herein  contained  shall  prevent  the  laying  of  such  conduit  under  any 
street  or  electric  railway.  It  shall  be  the  duty  of  the  mayor,  city  sur¬ 
veyor  and  superintendent  of  streets  to  see  that  such  conduit  is  laid 
sufficiently  deep,  so  that  it  shall  not  be  necessary  thereafter  to  relay 
said  conduit  in  improving  the  street,  but  if  in  grading  or  improving 
any  street  in  which  any  such  conduit  shall  have  been  laid,  it  shall  be 
necessary  to  lowrer  said  conduit,  it  shall  be  done  at  the  expense  of  the 
owner  or  owners  thereof.  It  shall  be  the  duty  of  the  person  laying 
said  conduit  to  immediately  follow  the  opening  of  the  ditch  with  the 
laying  of  the  conduit,  and  not  more  than  one  block  of  ditch  shall  be 
opened  at  one  time.  The  ditch  shall  be  refilled  as  directed  by  the  city 
surveyor,  and  in  compliance  with  the  preceding  provisions  of  this  chap¬ 
ter.  If  at  any  time  after  the  work  is  completed  the  street  is  defective 
by  reason  of  laying  such  conduit,  it  shall  be  repaired  at  the  cost  of  the 
person,  persons,  corporation  or  association  laying  the  same. 

i 

Mayor,  City  Surveyor  and  Superintendent  of  Streets  to  Act  as  One 
Body — Their  Proceedings — Failure  to  Agree.  Section  34.  In  all  mat¬ 
ters  relating  to  poles,  wires  and  conduits  by  this  chapter  referred  to 
the  mayor,  city  surveyor  and  superintendent  of  streets  they  shall  act 
as  one  body,  the  mayor  being  chairman  thereof,  and  their  proceedings, 
decisions  and  orders  'shall  be  reduced  to  writing,  and  shall  be  signed 
and  filed  with  the  city  clerk,  who  shall  report  the  same  from  time?  to 


214  GENERAL,  ORDINANCE  OF  THE  CITY  OF  MADISON. 


time  to  the  common  council,  and  should  they  fail  to  agree  in  any  mat¬ 
ter  herein  referred  to  them  for  their  decision,  the  said  matter  shall  be 
referred  to  the  common  council  for  its  decision. 

Right  of  City  to  Use  Poles  and  Conduits  for  Stringing  Wires.  Sec¬ 
tion  35.  The  city  shall  have  the  right  to  use  without  charge  the  upper 
arm  of  an^  pole  or  post,  or  any  conduit  erected  or  laid  in  the  streets, 
alleys  or  other  public  places  of  said  city,  for  the  purpose  of  stringing 
thereon  or  for  laying  tnerein  a  wire  or  wires  for  the  exclusive  use  of 
the  city  departments;  and  no  such  pole  or  posts  or  conduit  so  used 
shall  be  removed  until  the  chief  of  police  and  chief  of  the  fire  depart¬ 
ment  shall  have  been  seasonably  notified  of  such  contemplated  re¬ 
moval. 

Persons  Erecting  Poles  or  Laying  Wires  Shall  Agree  to  Save  City 
Harmless.  Section  36.  Every  person,  corporation  or  association 
erecting  any  poles,  posts  or  wires  or  laying  any  conduits  herein  men¬ 
tioned  shall,  before  commencing  the  erection  of  said  poles  or  posts,  and 
before  the  stringing  of  said  wires  or  the  laying  of  said  conduits,  file 
an  agreement  with  the  clerk  of  said  city,  to  save  the  city  harmless  of 
and  from  any  and  all  injury  and  damage  of  any  kind  caused  or  occur¬ 
ring  thereby,  or  by  reason  of  the  negligent  management  or  default  of 
said  persons,  corporation  or  association  or  its  or  their  agents,  in  the 
construction,  management  or  operation  of  said  poles,  wires  or  con¬ 
duits,  and  also  an  agreement  giving  to  the  city  the  use  of  the  upper 
arm  of  all  poles  or  posts  and  the  use  of  all  conduits  as  hereinbefore 
prescribed. 

Wires  and  Conductors — How  Placed  and  Protected.  Section  37. 
All  wires  and  conductors  herein  provided  for  must  be  so  carried, 
placed  and  protected  as  to  be  free  from  all  danger  of  communicating 
fires  by  means  of  contact  with  other  wires  or  conductors  or  of  injur¬ 
ing  in  any  manner  public  or  private  property. 

Section  Relating  to  Poles  and  Wires  and  Conduits  Deemed  a  Part 
of  All  Franchises  Heretofore  or  Hereafter  Granted.  Section  38.  The 
erection  of  any  of  said  poles  or  posts  or  the  stringing  of  any  of  said 
wires  or  the  construction  or  laying  of  any  such  conduits  in  this  chap¬ 
ter  mentioned  shall  be  deemed  an  acceptance  by  the  person,  persons, 
corporation  or  association  so  erecting  said  posts  or  stringing  said 
wires  or  laying  such  conduits,  of  all  the  conditions  and  provisions  in 
this  chapter  contained.  And  sections  21  to  37,  inclusive,  of  this  chap¬ 
ter,  so  far  as  applicable,  shall  be  deemed  and  become  a  part  of  all 
franchises  heretofore  or  hereafter  granted,  for  telephone,  telegraph  or 
other  electrical  purposes. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


215 


Sections  21  to  37,  Inclusive,  Not  to  Prevent  City  Prescribing  Other 
Modes  of  Conducting  Wires.  Section  39.  Nothing  contained  in  sections 
21  to  37,  inclusive,  of  this  chapter  shall  be  construed  so  as  in  any  man¬ 
ner  to  affect  the  right  of  the  city  in  the  future  to  prescribe  any  other 
mode  of  conducting  such  wires  over  or  under  its  thoroughfares.  The 
terms  and  provisions  of  the  said  sections  shall  apply  as  well  to  re¬ 
newals  of  or  changes  in  existing  lines  as  to  the  original  construction  of 
any  line  of  poles,  posts,  wires  or  conduits  in  said  city,  and  no  such  lines 
of  poles,  posts,  wires  shall  be  erected  or  conduits  laid  unless  intended 
for  present  use. 

Penalty  for  Violation  of  Sections  21  to  37,  Inclusive.  Section  40. 
Any  person,  persons,  corporation  or  association  violating  any  of  the 
provisions  of  sections  21  to  37  inclusive  of  this  chapter  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of  not 
more  than  one  hundred  dollars  for  each  separate  offense;  and  the 
mayor  shall  immediately  order  and  cause  to  be  removed  all  poles, 
posts,  wires  or  conduits  erected  or  laid  contrary  to  any  of  the  provi¬ 
sions  of  said  section. 

Construction  of  Sidewalks.  Section  41.  Except  upon  special  au¬ 
thority  obtained  from  the  common  council,  no  new  sidewalk  upon  any 
street,  the  grade  of  which  shall  have  been  established,  and  which  shall 
have  been  improved  by  paving  or  macadamizing,  shall  be  constructed, 
and  no  old  sidewalk  shall  be  substantially  reconstructed  upon  such 
street  unless  such  new  or  reconstructed  sidewalk  shall  be  of  cement, 
and  constructed  in  substantial  accordance  with  the  following  specifica¬ 
tions:  The  natural  soil  or  present  surface  shall  be  removed,  regulated 
and  graded  to  the  depth  of  twelve  inches  below  the  level  of  the  finished 
surface  of  the  sidewalk.  Perishable  or  objectionable  material  shall  be 
removed.  On  the  surface  so  graded  and  compacted  by  wetting,  rolling 
or  ramming,  there  shall  be  spread  a  layer  of  clean,  firebox  cinders  or 
gravel  for  the  total  width  of  the  walk,  and  such  a  depth  as  will  give 
after  compacting  a  thickness  of  seven  inches,  this  layer  to  be  thor¬ 
oughly  compacted.  Upon  the  foundation  thus  prepared,  there  shall  be 
placed  a  layer  of  concrete  four  inches  in  depth,  made  by  mixing  one 
part  by  volume  of  American  Portland  cement,  three  parts  by  volume 
of  clean  sharp  sand,  and  five  parts  by  volume  of  clean,  broken  stone, 
that  will  pass  through  an  inch  and  one-half  ring.  Before  the  concrete 
shall  have  set,  there  shall  be  placed  on  it  a  wearing  coat  one  inch  in 
thickness,  made  by  mixing  one  part  by  volume  of  American  Portland 
cement  with  one  and  one-half  parts  by  volume  of  crushed  granite 
screenings.  Before  this  surface  shall  have  set,  it  shall  be  given  a 


216  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


“brush”  finish,  or  a  corrugated  finish,  as  the  city  surveyor  may  direct. 
The  cement  walk  shall  be  cut  into  blocks  of  such  sizes  as  the  city  sur¬ 
veyor  shall  direct,  the  edges  of  the  blocks  to  be  parallel  or  at  right 
angles  to  the  street  lines.  The  cutting  must  extend  entirely  through 
both  layers  of  concrete,  and  the  separation  into  blocks  must  be  per¬ 
fect  and  distinct.  Said  cement  walks  upon  all  residence  streets  shall 
be  not  less  than  five  feet,  four  inches  wide,  and  unless  the  city  sur¬ 
veyor  shall  so  direct,  shall  not  exceed  that  width;  upon  business 
streets  such  walks  shall  be  of  such  width  as  shall  be  directed  by  the 
city  surveyor.  Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  subject  to  a  fine  of  not  less  than  five  and  not  more 
than  one  hundred  dollars. 

Amended  by  ordinance  1336,  see  p.  238. 

Sidewalks — Prompt  Repair  of — Notice — Duty  of  Superintendent  of 
Streets.  Section  42.  When  any  sidewalk  shall  be  defective  or  in  want  of 
repair,  or  for-  any  reason  unsafe  for  public  travel,  any  person  may  give 
notice  thereof  to  the  superintendent  of  streets.  If  upon  examination 
the  superintendent  of  streets  shall  find  such  walk  to  be  defective,  it 
shall  thereupon  be  the  duty  of  said  superintendent  to  forthwith  serve 
notice  in  writing  upon  the  person  whose  duty  it  is  to  keep  said  side¬ 
walk  in  good  order  and  repair,  to  repair,  and  restore  the  same  to  a 
suitable  condition  for  travel  within  seventy-two  hours  from  the  date 
of  the  service  of  said  notice. 

Sidewalks — Failure  to  Promptly  Repair.  Section  43.  Any  person 
whose  duty  it  shall  be  to  keep  such  sidewalk  in  good  order  and  repair, 
who  haying  received  the  notice  provided  for  in  the  preceding  section, 
shall  fail  or  neglect  for  the  space  of  three  days  from  the  date  of  serv¬ 
ice  of  such  notice  to  repair  such  sidewalk,  and  to  restore  the  same  to 
a  suitable  condition  for  travel,  shall  be  deemed  guilty  of  a  misde¬ 
meanor  and  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nof 
more  than  fifty  dollars. 

Failure  to  Construct — Duty  of  City  Surveyor.  Section  44.  When¬ 
ever  the  publication  of  an  ordinance  for  the  construction  of  a  sidewalk 
shall  have  been  completed  for  thirty  days,  it  shall  be  the  duty  of  the 
city  surveyor  to  notify  the  city  clerk,  in  writing,  whether  the  whole  or 
any  part  and  what  part  of  said  sidewalk  remains  unbuilt  in  accord¬ 
ance  with  said  ordinance. 

Sidewalks — Construction — Sealed  Proposals.  Section  45.  If  such 
sidewalk  or  any  part  thereof  shall  not  have  been  so  built,  the  city 
clerk  shall  advertise  in  the  official  paper  of  the  city,  not  less  than  ten 
days,  for  sealed  proposals  to  construct  such  sidewalk  or  part  of  side- 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


217 


walk.  If  no  proposal  is  received  and  accepted  by  the  common  council, 
the  city  clerk  shall,  at  any  time  when  directed  by  the  common  council, 
re-advertise  for  such  proposal. 

Sidewalks — Eldders,  Contracts  With — Damages.  Section  46.  Every 
bidder  to  whom  a  contract  to  build  a  sidewalk  shall  be  awarded,  shall, 
within  five  days  of  such  award,  enter  into  a  contract  in  accordan  3 
with  the  ordinances  and  terms  of  the  bid,  to  complete  the  work  within 
twenty  days  thereafter  and  shall  secure  the  performance  thereof  by  a 
bond  in  the  sum  of  five  hundred  dollars,  with  one  sufficient  surety,  to 
complete  the  work  within  twenty  days  thereafter.  In  case  such  bidder 
shall  fail  to  so  enter  into  such  contract  within  said  five  days,  the  con¬ 
tract  may  be  let  to  the  next  lowest  bidder,  or  re-advertised,  at  the 
option  of  the  common  council,  and  the  bidder  'shall  pay  to  the  city,  as 
liquidated  damages,  the  sum  of  ten  dollars. 

Character  of  Bid — Surety.  Section  47.  No  bid  or  proposal,' men¬ 
tioned  in  the  two  preceding  sections,  shall  be  received  or  considered 
unless  it  contains  a  stipulation  in  writing,  signed  by  the  bidder,  that, 
in  case  such  bid  is  accepted  and  the  contract  awarded  thereon,  such 
bidder  will,  within  five  days  after  such  award,  sign  the  bond  men¬ 
tioned  in  the  preceding  section  and  enter  into  a  contract  to  complete 
the  work  bid  for  in  twenty  days  thereafter,  and  that,  in  case  such 
bidder  shall  fail  to  enter  into  such  contract  within  the  five  days,  the 
bidder  will  pay  to  the  city  ten  dollars  as  liquidated  damages,  and  a 
like  sum  in  case  he  shall  fail  to  carry  out  such  contract  as  agreed  to. 
Every  such  surety  shall  be  a  resident  of  the  city  and  shall  annex  to 
such  bond  an  affidavit  that  he  is  worth  five  hundred  dollars  over  and 

above  all  debts,  liabilities  and  exemptions. 

. 

Duty  of  Surveyor — Grade.  Section  48.  Whenever  a  sidewalk  shall 
be  ordered  to  be  built,  the  city  surveyor  shall  immediately  survey  and 
stake  out  the  location  and  grade  of  the  same  in  case  a  grade  has  beeD 
established;  and  where  no  grade  has  been  established  as  ascertained 
by  the  records,  he  shall  prepare  and  report  a  grade  for  the  approval 
of  the  common  council,  and  when  the  same  shall  be  established  shall 
stake  out  the  sidewalk  as  ordered  by  the  council,  and  no  sidewalk 
shall  be  laid  under  the  provisions  of  the  seven  preceding  sections 
until  a  grade  therefor  has  been  established  by  the  common  council. 

Merchandise,  Fuel,  Etc.,  Not  to  be  Placed  on  Sidewalks.  Section 
49.  Except  as  provided  in  this  chapter,  no  person  shall  place  or  de¬ 
posit  on  any  sidewalk  or  in  any  street,  any  cask,  box,  crate,  wood, 
stone,  plank,  boards,  goods,  wares,  merchandise,  ashes  or  other  sub- 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


218 


stances  or  materials  under  the  penalty  of  two  dollars  for  each  offense, 
and  the  person  placing  or  depositing  the  same,  and  the  occupant  of 
the  premises  in  front  of  which  the  same  shall  be  permitted  to  remain, 
shall  be  subject  to  a  fine  of  two  dollars  for  each  and  every  two  hours 
such  material  shall  remain  after  written  notice  by  the  mayor,  super¬ 
intendent  of  streets  or  a  police  officer,  to  remove  the  same. 

Exceptions  to  Section  49.  Section  50.  But  it  shall  be  lawful  for 
any  person  to  place  or  set  out  for  sale  any  goods,  wares  and  mer¬ 
chandise  on  the  sidewalk  in  front  of  and  within  three  feet  of  his  store 
or  building;  to  place  and  leave,  for  a  period  not  exceeding  two  hours 
on  three  feet  of  the  outer  edge  of  the  sidewalk  in  front  of  his  store 
or  building,  dry  goods,  wares  and  merchandise  or  groceries  which  he 
shall  be  in  the  act  of  receiving  or  delivering;  and  on  residence  streets, 
to  place  and  leave  in  the  street  in  front  of  his  dwelling  for  a  period  not 
exceeding  twenty-four  hours  and  not  less  than  two  feet  nor  more  than 
seven  feet  from  the  curb,  any  fire  wood  or  other  material  for  fuel. 

Awnings — How  Constructed.  Section  51.  No  person  shall  permit 
or  maintain  any  awning  now  built  and  extending  over  any  sidewalk  at 
a  height  of  less  than  six  feet  six  inches  above  the  sidewalk;  and  all 
awnings  extending  over  any  of  the  public  streets  or  sidewalks  here¬ 
after  constructed,  shall  be  covered  with  canvas  or  other  light  and  suit¬ 
able  material,  and  shall  be  at  least  seven  and  one-half  feet  in  height  at 
the  lowest  point  thereof  above  the  top  of  such  street  or  sidewalk  over 
which  such  awnings  extend;  and  when  an  awning  extends  over  the 
entire  sidewalk  it  shall  be  placed  on  iron  posts  of  suitable  size,  which 
shall  be  firmly  and  securely  fastened  at  the  outer  edge  of  the  side¬ 
walk. 

Awnings — Must  be  Erected  in  Accord  with  Plan  of  City  Surveyor. 

Section  52.  The  city  surveyor  shall  prepare  and  submit  to  the  com¬ 
mon  council  plans  and  specifications  for  one  or  more  styles  of  awn¬ 
ings,  and  when  such  plan  or  plans  shall  have  been  so  submitted  and 
adopted  they  shall  be  filed  in  the  office  of  the  city  clerk,  and  there¬ 
after  no  awnings  shall  be  erected  except  in  accordance  with  such  plans 
and  specifications. 

Penalty.  Section  53.  Any  person  who  shall  erect  or  maintain  any 
awning  or  awning  post  contrary  to  the  provisions  of  the  two  preced¬ 
ing  sections,  or  who  shall  refuse  or  neglect  after  written  notice  by  the 
superintendent  of  streets  forthwith  to  remove  any  awning  or  awning 
post,  erected  or  maintained  contrary  to  the  provisions  of  the  two  pre¬ 
ceding  sections,  shall  be  subject  to  a  fine  of  not  less  than  one  dollar 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


219 


ncr  more  than  five  dollars,  and  each  day  during  which  any  such  awn¬ 
ing  or  post  shall  be  maintained  after  such  notice  shall  constitute  a 
separate  offense. 

Signs,  Shew  Bills,  Etc.,  Not  to  Hang  or  Project  Over  Sidewalk.  Sec¬ 
tion  54.  No  owner  or  occupant  of  any  store  or  building,  shall  fix,  hang 
or  erect,  or  suffer  to  remain  fixed,  hung  or  erected,  any  sign,  show-bill, 
show-case,  canvas  or  other  thing  projecting  or  hanging  over  the  street 
or  sidewalk  more  than  three  feet  in  front  of,  and  from  the  wall  of 
such  building.  Any  person  violating  the  provisions  of  this  section  shall 
be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  five  dol¬ 
lars  and  each  day’s  continuance  thereof  after  written  notice  by  the 
superintendent  of  streets  to  remove  the  same  shall  constitute  a  sepa¬ 
rate  offense. 

Persons  Not  to  Congregate  on  or  Sell  Merchandise  on  Streets  or 
Sidewalk.  Section  55.  No  persons  shall  congregate  on  streets  or 
street  corners  or  sidewalks  so  as  to  obstruct  the  same,  nor  shall  any 
person  or  persons  use  any  sidewalk  as  a  place  for  vending,  selling  or 
dealing  in  merchandise,  under  the  penalty  of  not  less  than  one  dollar 
nor  more  than  five  dollars. 

Crossings — Obstruction  by  Trains.  Section  56.  It  shall  be  unlaw¬ 
ful  to  permit  or  allow  any  railway  train,  engine  or  car  to  stand  or  be 
upon  any  street  or  railway  crossing  to  the  obstruction  of  public  travel 
thereon  for  a  greater  length  of  time  than  five  minutes  without  opening 
said  street  or  crossing  for  at  least  ten  minutes.  Any  conductor,  engi¬ 
neer,  fireman  or  brakeman  on  any  train  so  obstructing  any  street  or 
railway  crossing,  or  any  yard  master,  flagmen,  switchman  or  section 
hand  who  shall  allow  and  be  responsible  for  such  obstruction,  shall 
be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars;  and  the  corporation  running  or  operating  any  such 
train,  engine  or  cars  so  obstructing  any  street  or  railway  crossing 
shall  be  subject  to  a  fine  of  not  less  than  twenty  dollars  nor  more 
than  two  hundred  dollars  for  each  offense. 

Crosswalks — Obstruction  by  Wagons,  Etc.  Section  57.  Any  person 
unnecessarily  obstructing  any  street,  alley,  crosswalk  or  sidewalk  with 
any  horse,  sleigh,  wagon,  cart  or  other  vehicle  shall  be  subject  to  a 
fine  of  not  less  than  one  dollar  nor  more  than  twenty-five  dollars. 

Glass,  Etc.,  Not  to  be  Thrown  on  Streets — Penalty.  Section  58. 
No  person  shall  deposit,  or  permit  to  be  deposited  in  or  upon  any 
street,  alley  or  driveway,  or  in  or  upon  any  road  or  pleasure  drive 


220  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


which  is  under  the  police  jurisdiction  of  the  city,  any  glass,  crockery, 
nails,  tacks,  pieces  of  metal,  wire,  brier,  thorn,  broken  stone  or  other 
articles  liable  to  injure  the  wheels  or  tires  of  vehicles.  Any  person 
v iolating  the  provisions  of  this  section  shall  be  subject  to  a  fine  of  not 
loss  than  one  dollar  nor  more  than  twenty-five  dollars. 

Stone,  Rubbish,  Etc.,  Not  to  be  Scattered  on  Streets.  Section  59* 
No  person  shall  haul  any  rubbish,  ashes,  earth,  sand,  stone  or  other 
material  liable  to  become  scattered  on  the  streets,  except  in  a  vehicle 
provided  with  a  box  well  closed  so  as  to  retain  such  material,  and  no 
person  shall  scatter  or  permit  to  be  scattered  any  such  materials  upon 
any  such  street.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  section  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor 
mere  than  twenty-five  dollars. 

Removal  of  Boat  Houses,  Etc.,  from  Lake  Ends  of  Streets — Duty  of 
Superintendent  of  Streets.  Section  GO.  Every  person,  owning  or 
maintaining  upon  any  portion  of  any  street,  or  opposite  any  side  or 
end  of  any  such  street,  at  the  shore  of  any  lake  adjoining  the  city,  or 
elsewhere  on  any  public  grounds,  any  boathouse,  is  hereby  required 
to  remove  such  boathouse  within  ten  days  after  written  notice  to  re¬ 
move  the  same,  given  by  direction  of  the  common  council.  The 
superintendent  of  streets  is  hereby  directed  and  required  to  remove 
any  such  boathouse  which  shall  not  be  removed  within  the  time  lim¬ 
ited  in  such  notice,  and  to  cause  the  contents  of  such  boathouse,  if  any, 
to  be  stored  at  the  expense  and  subject  to  the  call  of  the  owner 
thereof.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  subject  to  a  fine  of  not  *ess  than  one  dollar  nor  more 
than  five  dollars  for  every  day  said  boathodse  shall  remain  after  the 
time  fixed  in  such  notice. 

Gutters,  Repair  of.  Section  61.  The  owners  of  all  lots  or  pieces  of 
ground  opposite  which  gutters  are  or  may  be  constructed,  shall  keep 
the  same  in  good  repair,  and  if  any  such  owner  shall  neglect  to  re¬ 
pair  any  gutter  which  he  is  required  to  repair  by  the  provisions  of  this 
section,  he  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor 
more  than  five  dollars,  and  if  such  owner  shall  fail  properly  to  repair 
such  gutter  after  notice  given  by  the  superintendent  of  streets  so  to 
do,  such  superintendent  shall  cause  the  same  to  be  repaired  and  the 
costs  of  such  repairs  shall  be  levied  and  collected  as  a  special  tax  upon 
the  lot  or  land  adjacent  to  such  gutter. 

Tearing  Up  of  Pavement,  Etc. — Must  Have  Permission — Offering 
Hindrance  to  Person  Doing  Same.  Section  62.  Any  person  who  shall 


GENERAL  ORDINANCE  OF  TITE  CITY  OF  MADISON.  221 


injure  or  tear  up  any  pavement,  side  or  cross-walk,  or  any  part  tliereor, 
or  shall  dig  any  hole,  ditch,  or  drain  in  any  street,  pavement  or  side¬ 
walk,  without  the  written  permit  provided  for  in  this  chapter,  or  who 
shall  hinder  or  obstruct  the  authorized  making  cr  repair  of  any  pave¬ 
ment,  sidewalk  or  cross-walk  or  other  public  improvement,  shall  be 
subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty  dol¬ 
lars. 

Trees — How  Planted  in  Street.  Section  63.  All  ornamental  or 
shade  trees  hereafter  planted  or  set  out  in  any  street,  shall  be  planted 
or  set  within  two  feet  of  the  outer  line  of  the  sidewalk  of  such  street, 
unless  otherwise  permitted  by  the  city  surveyor.  Any  person  violating 
the  provisions  of  this  section  shall  be  subject  to  a  fine  of  not  less  than 
one  dollar  nor  more  than  five  dollars. 

Trees — Removal  of — Notice.  Section  64.  Whenever  any  tree  or 
shrub,  or  the  foliage  thereof,  shall  obstruct  or  in  any  manner  en¬ 
croach  upon  the  use  of  any  street,  or  shall  unreasonably  interfere 
with  or  obstruct  the  light  from  any  street  lamp,  or  the  branches  of 
any  tree  shall  be  less  than  nine  feet  above  the  street  or  sidewalk,  the 
superintendent  of  streets  shall  notify  in  writing  the  owner  or  occupant 
of  the  premises  upon  or  in  front  of  which  said  tree  or  shrub  is  stand¬ 
ing  to  remove  the  same  or  such  part  thereof  as  shall  constitute  a  vio¬ 
lation  hereof  within  forty-eight  hours  after  service  of  such  notice  upon 
him,  and  if  he  shall  refuse  or  neglect  so  to  do  he  shall  be  subject  to 
a  fine  of  not  less  than  one  dollar  nor  more  than  five  dollars;  and  said 
superintendent  of  streets  shall  cause  such  obstruction  or  encroach¬ 
ment  to  be  removed,  or  such  tree  to  be  trimmed,  and  the  expense 
thereof  shall  be  levied  and  collected  as  a  special  tax  upon  the  prop¬ 
erty  upon  or  in  front  of  which  such  tree  or  shrub  shall  be  standing. 

Trees — Injury  to.  Section  65.  Every  person  who  shall  negligently, 
wilfully  or  maliciously  injure  any  tree,  growing  .in  any  street  or  public 
ground,  except  by  direction  of  the  city  surveyor  or  superintendent  of 
streets,  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more 
than  twenty-five  dollars. 

Sidewalk — Snow  and  Ice  to  be  Removed  from.  Section  66.  The 
owner,  occupant  or  person  in  charge  of  each  lot  or  part  of  lot,  shall, 
before  12  o’clock  noon  or  each  day,  remove  all  snow  and  ice  which  may 
have  fallen  or  accumulated  upon  the  sidewalk  in  front  of  the  premises 
owned,  occupied  or  cared  for  by  him;  provided,  that  when  ice  has  so 
formed  upon  any  sidewalk  that  it  cannot  be  removed,  then  the  persons 
herein  referred  to  shall  keep  the  same  sprinkled  with  ashes,  sawdust 


222 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


or  sand,  in  such  wise  as  to  prevent  the  same  from  being  dangerous; 
and  provided  further,  that  snow  falling  after  12  o’clock  noon  shall  be 
removed  as  soon  as  practicable  after  the  same  has  ceased  to  fall.  Any 
person  violating  any  of  the  provisions  of  this  section  shall  be  subject 
to  a  fine  of  not  less  than  one  dollar  nor  more  than  five  dollars. 

/ 

Sidewalks — Duty  of  Superintendent  of  Streets — Assessments.  Sec¬ 
tion  67.  The  superintendent  of  streets  shall  cause  all  sidewalks  which 
shall  not  have  been  cleaned,  or  sprinkled  with  sand,  sawdust  or  ashss 
as  above  prescribed,  to  be  so  cleaned  or  sprinkled  in  his  discretion  im¬ 
mediately  upon  the  default  of  the  person  whose  duty  it  shall  be  to  clean 
or  sprinkle  the  same;  and  shall  annually,  at  or  before  its  regular  April 
meeting,  render  to  the  common  council  an  itemized  report  of  all  sums 
disbursed  by  him  for  such  cleaning  or  sprinkling,  and  the  description 
of  the  premises  affected  thereby,  and  the  names  of  the  owners  thereof, 
and  the  sums  so  disbursed  shall  annually  be  levied  and  collected  as  a 
special  tax  upon  said  premises,  unless  paid. 

Wide  Tires  on  Certain  Vehicles.  Section  68.  Every  vehicle  drawn 
by  two  or  more  horses,  and  used  for  the  purpose  of  carrying  freight, 
machinery,  household  furniture,  stone,  coal,  wood,  ice,  flour,  lumber, 
sand,  gravel,  earth  or  other  heavy  materials  shall  be  provided  with 
tires  not  less  than  three  inches  in  width,  but  this  section  shall  not  ap¬ 
ply  to  farmers’  wagons  not  used  in  the  business  of  hauling  such  ma¬ 
terials,  nor  to  merchants’  package  delivery  wagons. 

Wheels  not  to  be  Locked.  Section  69.  No  person  shall  use  any 
wheeled  vehicle  upon  any  macadamized  street,  with  any  wheel  thereof 
locked,  or  fastened  so  that  the  same  will  not  turn. 

Machinery  not  to  be  Propelled  upon  Streets.  Section  70.  Machin¬ 
ery  shall  not  be  drawn  or  operated  upon  the  streets  for  purposes  of 
exhibition. 

Animals  and  Vehicles  not  to  Pass  Over  Sidewalks.  Section  71.  No 
person  shall  permit  any  animal  or  any  bicycle,  wagon  or  other  vehicle 
controlled  by  him,  to  pass  along  or  over  or  stand  upon  any  sidewalk, 
except  in  necessarily  crossing  the  same. 

Plartk  Approaches  Prohibited  on  Paved  Streets.  Section  72.  No 
person  shall  construct  or  maintain  any  plank  approach  to  any  driveway 
or  alley,  across  any  gutter  on  any  paved  street,  unless  permitted  to  do 
so  by  the  common  council.  All  such  approaches  on  paved  streets  here¬ 
tofore  constructed  and  now  maintained  contrary  to  the  provisions  of 


GENERAL,  ORDINANCE  OF  THE  CITY  OF  MADISON. 


223 


this  section  shall  be  removed  by  the  superintendent  of  streets,  if  not 
removed  by  the  owner  after  ten  days’  written  notice  given  by  said  su¬ 
perintendent.  Any  person  violating  the  provisions  of  this  section  shall 
be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  twenty- 
five  dollars. 

Vaults  Under  Sidewalks — How  Constructed.  Section  73.  All  vaults 
under  sidewalks  in  this  city  shall  be  constructed  of  brick,  stone  or  con¬ 
crete,  and  the  outward  side  of  the  opening  into  the  street  shall  be 
within  three  feet  of  the  outside  of  the  curb  or  sidewalk,  and  all  such 
vaults  shall  be  completed  and  the  ground  and  sidewalk  replaced  over 
them  within  two  weeks  after  they  are  respectively  commenced.  Any 
person  violating  any  of  the  provisions  of  this  section,  whether  the 
owner  or  builder  of  such  vault,  shall  be  subject  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars. 

Street  Sprinkling.  Section  74.  Street  sprinkling  shall  be  done  in 
the  following  manner:  On  paved  streets  or  avenues  that  are  over  thirty- 
three  feet  in  width  from  curb  to  curD,  not  more  than  one-half  of  such 
street  or  avenue  shall  be  sprinkled  at  any  one  time,  and  a  sufficient 
time  shall  elapse  before  the  other  half  of  such  street  or  avenue  shall 
be  sprinkled  to  permit  the  partial  drying  out  of  the  side  already 
sprinkled,  so  that  such  street  or  avenue  shall  be  in  proper  condition 
for  use  for  all  purposes  and  at  all  times.  On  paved  streets  or  avenues 
that  are  thirty-three  feet  or  lesis  in  width  from  curb  to  curb,  a  dry 
strip  four  feet  in  width,  exclusive  of  the  gutter,  shall  be  left  on  one 
side  of  such  street,  or  avenue,  but  in  next  sprinkling  such  street  or 
avenue  said  dry  strip  shall  be  left  on  the  other  side  of  such  street  or 
avenue,  so  that  such  street  or  avenue  shall  be  in  proper  condition  for 
use  for  all  purposes  at  all  times.  All  contracts  for  street  sprinkling; 
shall  embody  the  provisions  of  this  section. 

Penalty.  Section  75.  Any  person,  who  shall  violate  any  provision 
of  this  chapter  for  which  no  penalty  is  already  provided,  'shall  be  sub¬ 
ject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  five  dollars. 


224 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


CHAPTER  XVI. 

OFFENSES  AGAINST  PUBLIC  POLICY. 

Destruction  of  Birds  Prohibited.  Section  1.  No  person  shall  injure 
or  destroy  or  attempt  to  injure  or  destroy,  within  the  city  limits,  any 
wild  bird. 

Disfigurement  of  Property.  Section  2.  No  person  shall  place  any 
advertisement  upon  any  public  property,  or  upon  any  private  property 
situated  and  fixed  in  any  street,  alley  or  public  ground,  or  upon  any 
other  private  property  except  by  the  permission  of  the  owner  thereof, 
but  this  section  shall  not  apply  to  the  posting  of  notices  required  by 
law. 

Injury  to  Property.  Section  3.  No  person  shall  wilfully,  mali¬ 
ciously  or  wantonly  deface,  injure  or  destroy  any  public  property  or 
any  private  property  of  another.  Any  person  who  shall  violate  this 
section  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

Fastening  Horses  to  Trees.  Section  4.  No  person  shall  fasten  any 
horse  to  any  live  tree  in  any  street,  or  to  any  box  or  case  around  such 
tree,  or  to  any  fence,  without  the  consent  of  the  owner  of  such  tree  or 
fence.  Any  person  who  shall  violate  any  provision  of  this  section  shall 
be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  one  hun¬ 
dred  dollars. 

Regulation  of  Pawn  Shops.  Section  5.  It  'shall  be  the  duty  of  every 
pawn  broker,  ana  of  every  person  who  shall  loan  money  on  chattels  de¬ 
livered  as  security,  or  who  shall  purchase  chattels  with  the  privilege 
of  redemption,  to  keep  a  record  of  all  articles  pawned  to  or  purchased 
by  him,  with  a  brief  description  of  said  articles,  and  also  the  name  or 
description  of  each  person  so  pawning  or  selling  the  same,  with  the 
date  and  amount  loaned  or  paid.  It  shall  be  the  duty  of  such  pawn 
broker  or  other  such  person  to  submit  such  record  for  inspection  to 
any  police  officer  and  to  the  sheriff  of  Dane  county  or  to  any  of  his 
deputies,  on  demand.  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

Closing  of  Saloons — Removal  of  Screens.  Section  6.  All  persons 
licensed  to  sell  intoxicating  liquor  shall  close  their  respective  places 


GENERAL,  ORDINANCE  OF  THE  CITY  OF  MADISON. 


99^ 

£1  £  l 


open  for  the  purpose  of  shaving,  hair-cutting,  or  other  work  of  a  bar¬ 
ber,  or  for  any  other  purpose,  on  Sunday,  and  any  person  violating  the 
provision  of  this  section  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars. 

Cruelty  to  Dumb  Animals.  Section  15.  If  any  person  shall  inhu¬ 
manly,  unnecessarily  or  cruelly  beat,  injure,  or  otherwise  abuse,  any 
dumb  animal,  he  shall  be  subject  to  a  fine  not  exceeding  fifty  dollars. 

Enforcement  of  This  Chapter — Penalty — Duty  of  Police.  Section  16. 
Any  person  violating  any  of  the  provisions  of  this  chapter,  for  which 
a  penalty  is  not  specifically  provided,  shall  be  subject  to  a  fine  of  not 
less  than  one  dollar  nor  more  than  ten  dollars. 


CHAPTER  XVII. 

OFFENSES  AGAINST  PUBLIC  PEACE  AND  QUIET. 

Drunkenness.  Section  1.  Any  person  who  shall  be  found  within 
the  streets  or  public  places  of  the  city  in  a  state  of  drunkenness  or  in¬ 
toxication  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor 
more  than  twenty-five  dollars. 

Obscene  Language — Disordtrly  Conduct — Disturbing  Meeting.  Sec¬ 
tion  2.  Any  person  who  shall  use  obscene  language  in  any  street  or 
public  place,  or  who  shall  be  guilty  of  disorderly  conduct,  or  of  drunk¬ 
enness  and  disorderly  conduct,  or  who  shall  wilfully  disturb  or  inter¬ 
rupt  any  religious  or  other  lawful  assembly  by  noise  or  by  rude  or  in¬ 
decent  behavior  shall  be  subject  to  a  fine  of  not  less  than  one  dollar 
nor  more  than  one  hundred  dollars. 

Sounding  of  Railroad  Whistles.  Section  3.  No  person,  company,  or 
corporation  owning  or  operating  any  line  of  railroad,  and  no  employe 
of  such  person,  company,  or  corporation,  shall  unnecessarily  blow  or 
sound  or  cause  or  permit  to  be  blown  or  sounded  any  steam  whistle 
upon  any  locomotive  or  engine  owned,  operated,  controlled  or  handled 
by  them  within  the  city  limits;  and  any  person,  company,  or  corpora¬ 
tion  violating  the  provisions  of  this  section  shall  be  subject  to  a  fine 
of  not  less  than  five  dollars  nor  more  than  twenty-five  dollars. 

Sounding  of  Steamboat  Whistles.  Section  4.  No  engineer,  fireman, 
captain  or  manager  of  any  steamboat,  plying  on  the  waters  of  Lake 


228 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


Mendota  or  Lake  Monona,  while  within  one  mile  of  the  shore  at  any 
point  between  the  outlet  of  Lake  Mendota  and  the  university  grounds 
on  Lake  Mendota,  or  between  the  inlet  of  Lake  Monona  and  the  rail¬ 
road  bridge  over  said  lake,  on  Lake  Monona,  shall  blow  or  sound  or 
cause  or  permit  to  be  blown  or  sounded  any  steam  whistle  on  such 
steamboat  continuously  for  more  than  one-half  second  of  time,  or  for 
more  than  three  times  in  immediate  succession,  and  no  such  steam¬ 
boat  whistle  shall  be  blown  or  sounded  at  any  time  within  the  above 
prescribed  limits  for  any  other  purpose  than  to  signal  the  arrival  or 
departure  of  the  steamboat  upon  which  such  whistle  is  so  blown  or 
sounded,  at  or  from  its  dock,  or  as  a  signal  in  passing  another  steamer, 
or  as  a  necessary  signal  to  clear  its  right  of  way,  to  the  safety  and 
convenience  of  'such  steamer  or  such  other  person  as  shall  be  upon 
the  dock  or  navigating  the  lake-. 

Violations  of  Section  A — Revocation  of  License — Proviso.  Section 
5.  Any  person  or  corporation  who  shall  violate  any  of  the  provisions 
of  the  preceding  section  shall  be  subject  to  a  fine  of  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars;  and  the  license  issued 
for  running  any  steamboat  upon  which  the  provisions  of  said  section 
shall  have  been  violated  three  or  more  times,  may  be  revoked  by  the 
mayor,  and  it  shall  be  the  duty  of  the  inspector  of  steamboats  plying 
on  the  waters  of  said  lakes  within  said  limits  to  inspect  forthwith  all 
steam  whistles  thereon,  and  to  require  the  tone  or  sound  thereof  when 
used  to  be  reduced  and  modified  and  so  kept  as  not  to  cause  any  un¬ 
necessary  annoyance  or  disturbance  or  inconvenience,  and  if  the 
owner  or  manager  of  any  such  steamboat  shall  refuse  or  neglect  to 
conform  to  any  such  order  or  requirement  of  such  inspector  in  this 
respect,  the  license  issued  for  such  steamboat  may  be  revoked  by  the 
mayor.  But  none  of  the  provisions  of  this  chapter  shall  be  construed 
to  prohibit  the  sounding  of  whistles  in  case  of  pressing  emergency 
or  for  an  alarm  of  fire,  when  there  shall  be  actual  and  bona  fide  occa¬ 
sion  therefor. 

Loitering  About  Depots  and  Tracks.  Section  6.  Any  person  who 
shall  loaf  or  loiter  about  any  of  the  railroad  depots  or  on  or  about  any 
railroad  track,  or  at  or  on  any  of  the  railroad  bridges  in  this  city  shall 
be  subject  to  a  fine  of  not  less  than  one  dollar  or  more  than  five 
dollars. 

I 

Loafing  About  Streets  and  Places  of  Amusements — Obstruction  of 
Stairways.  Section  7.  It  shall  be  unlawful  to  loaf  or  loiter  about 
the  streets,  or  in  or  about  any  place  of  public  assembly,  or  to  obstruct 
in  any  manner  the  entrance  to  any  -such  place.  It  shall  also  be  un- 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


229 


lawful  for  any  person  to  loiter  in  or  otherwise  obstruct  any  stairway 
in  any  business  block  or  building. 

Penalty.  Section  8.  Any  person  who  shall  violate  any  provision  of 
this  chapter  for  which  no  penalty  is  provided  shall  be  subject  to  a  fine 
of  not  less  than  one  dollar  nor  more  than  ten  dollars  for  each  offense. 


CHAPTER  XVIII. 

OFFENSES  AGAINST  PUBLIC  SAFETY. 

Discharging  of  Fire-Arms  and  Explosives — Burning  of  Inflammable 
Matter.  Section  1.  No  person  shall  fire  or  discharge  any  cannon,  or 
fire  arm  of  any  description,  or  any  air  gun,  or  fire,  explode,  or  set  off 
any  squib,  cracker  or  other  thing  containing  powder,  or  other  com¬ 
bustible  or  explosive  material  without  written  permission  of  the  mayor 
or  chief  of  police,  which  permission  shall  limit  the  time  of  such  firing, 
and  shall  be  subject  to  be  revoked  by  the  common  council.  No  person 
shall  set  on  fire  any  grass,  leaves  or  any  other  inflammable  material, 
or  suffer  or  permit  the  same  to  be  done,  unless  the  same  may  be  ig¬ 
nited  without  danger  of  the  spread  of  fire,  and  unless  some  competent 
person  shall  be  in  constant  attendance  from  the  time  the  same  are 
ignited  until  the  same  are  totally  extinguished.  j 

Poison — Sale,  Etc.  Section  2.  No  person  shall  knowingly  vend, 
give  away  or  deliver  within  this  city,  any  deadly  poison,  unless  the 
same  be  conspicuously  labeled  “poison.” 

Scaffolds — How  Erected.  Section  3.  All  scaffolds  erected  in  this 
city  for  use  in  the  erection  of  buildings,  shall  be  well  and  safely  sup¬ 
ported,  and  of  sufficient  width  and  properly  secured,  so  as  to  insure 
the  safety  of  the  persons  working  thereon,  or  passing  under  or  by  the 
same,  against  the  falling  thereof,  or  of  such  materials  as  may  be 
used,  placed  or  deposited  thereon.  Any  scaffold  erected  or  main¬ 
tained  contrary  to  the  provisions  hereof  shall  be  deemed  a  nuisance, 
and  any  person  who  shall  erect,  or  maintain  the  same,  shall  be  sub¬ 
ject  to  a  fine  of  not  less  than  five  dollars,  and  not  exceeding  one  hun¬ 
dred  dollars,  and  to  a  like  fine  for  every  day  the  same  shall  remain 
after  written  notice  by  a  police  officer  to  remove  the  same. 

Dangerous  Buildings — Notice — Removal.  Section  4.  No  person 
shall  erect  or  cause  to  be  erected,  or  shall  maintain  or  permit  or  suf- 


230  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


fer  to  remain  on  his  premises  any  building  or  structure  which,  by  rea¬ 
son  of  dilapidation,  defects  in  the  structure,  or  other  cause,  may  be 
imminently  dangerous  to  life  or  property,  and  the  common  council 
may  order  the  same  to  be  removed  by  the  owner  upon  notice  within 
such  time  as  shall  be  therein  limited.  If  the  owner  is  a  non-re:oident, 
such  notice  may  be  served  upon  his  agent,  if  he  have  one  in  this  city; 
if  not,  then  notice  may  be  posted  on  the  premises  and  published  in 
the  official  paper  of  said  city  for  such  period  as  the  common  council 
may  deem  proper. 

Failure  to  Remove — Nuisance — Recovery.  Section  5.  In  case  such 
dangerous  building  is  not  removed  within  the  time  and  in  the  manner 
directed  by  the  common  council,  the  same  shall  be  deemed  a  public 
nuisance  and  shall  be  removed  by  the  chief  of  police,  at  the  expense 
of  the  owner,  who  shall  be  subject  to  a  fine  of  not  less  than  five  nor 
more  than  twenty-five  dollars  for  each  day  he  shall  suffer  such  build¬ 
ing  or  structure  to  remain  after  the  expiration  of  the  time  limited  in 
said  notice  for  the  removal  thereof. 

Lamps  on  Bicycles.  Section  6.  Every  bicycle,  while  in  use  after 
dark,  shall  be  provided  with  a  lamp  or  lantern  which  shall  be  kept 
lighted  while  the  bicycle  is  so  used. 

Bicycles,  Automobiles,  Etc. — Speed  of.  Section  7.  No  bicycle, 
autocycle,  automobile  or  other  motor  vehicle  shall  be  run  upon  any 
street  at  a  speed  exceeding  twelve  miles  an  hour;  but  the  term  “motor 
vehicle,”  as  used  in  this  chapter,  shall  not  be  held  to  include  cars  of 
electric  or  steam  railways  or  other  motor  vehicles  running  only  upon 
rails. 

Autocycles,  Etc. — How  Provided  and  Operated.  Section  8.  Every 
autocycle,  automobile  or  other  motor  vehicle  operated  in  the  city 
shall  be  provided  with  suitable  brakes  which  shall  be  kept  in 
efficient  working  condition,  and  with  a  bell  or  other  appropriate  sig¬ 
nal,  and  with  suitable  lights  which  shall  be  kept  lighted  during  such 
time  after  night  as  such  vehicle  shall  be  used.  The  person  having 
charge  of  the  power  of  such  motor  vehicle  shall,  upon  approaching  a 
crossing  of  intersecting  streets,  have  such  vehicle  under  control,  and, 
unless  it  appears  that  no  person  or  conveyance  will  be  encountered, 
i  hall  reduce  the  speed  thereof  until  such  crossing  shall  have  been 
passed,  and  such  person  shall  upon  meeting  or  passing  a  horse  upon 
any  of  the  streets  of  said  city,  reduce  the  speed  of  such  vehicle,  and 
if  it  shall  appear  that  the  horse  is  frightened,  such  person  shall  give 
the  horse  as  large  a  portion  of  the  road  as  practicable  and  shall  use 


GENERAL  ORDINANCE  OF  THE  CITA”  OF  MADISON.  231 


all  reasonable  and  practicable  means  to  avoid  accident  or  injury. 
Any  person  violating  any  of  the  provisions  of  this  or  the  preceding 
section  shall  be  punished  by  a  fine  or  not  less  than  ten  nor  more  than 
one  hundred  dollars. 

Cellar  Doors,  Etc.,  on  Sidewalks — Not  to  be  Kept  Open.  Section  9. 

No  person  shall  keep  or  leave  open  any  cellar  door  or  grating  of  any 
vault  on  any  highway  or  sidewalk,  or  suffer  the  same  to  be  left  or 
kept  open,  or  shall  suffer  any  sidewalk  in  front  of  his  premises  to  be¬ 
come  or  continue  so  broken  as  to  be  dangerous. 

Obstruction  of  Aisles  and  Approaches  in  Halls,  Etc.  Section  10. 

It  shall  be  unlawful  for  the  owner,  lessee  or  occupant  of  any  room  or 
hall  used  for  public  meetings,  to  permit  the  approaches,  halls,  passage 
ways  or  aisles  leading  to  or  between  the  seats  to  be  obstructed  with 
any  benches,  chairs,  stools,  or  by  any  other  means  whereby  the  free 
passage  to,  through,  or  from  such  room  shall  be  in  any  manner  im¬ 
peded.  Any  person  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars. 

Cutting  Ice — Safe  Guards.  Section  11.  Any  person  who  shall,  as 
principal  or  agent,  remove  ice  or  cause  its  removal  from  any  portion 
of  the  lakes  adjacent  to  and  under  the  jurisdiction  of  the  city, 
and  shall  neglect  to  place  around  the  margin  of  the  opening  made 
by  such  removal  a  fence  by  setting  posts  not  less  than  two  by  four 
inches  in  size,  and  with  a  fence  board  thoroughly  nailed  thereto,  not 
less  than  three  and  one-half  feet  above  the  surface  of  the  ice  on  such 
lake,  shall  be  subject  to  a  fine  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

Keeping  of  Vicious  Dogs.  Section  12.  It  shall  be  unlawful  for  any 
person  knowingly  to  keep  or  harbor  any  vicious  dog. 

Horses  Not  to  be  Left  on  Street  Unfastened.  Section  13.  No  per¬ 
son  shall  leave  any  horse  or  horses  in  any  street  or  alley  without  being 
securely  hitched  or  fastened. 

Fast  Driving.  Section  14.  No  person  shall  ride  or  drive  any  horse  ' 
or  horses  in  any  street  or  alley  faster  than  at  the  rate  of  ten  miles  an 
hour. 

Throwing  of  Stones,  Etc.  Section  15.  No  person  shall  throw  or 
cast  any  stone  or  any  other  missile  at  or  upon  any  person,  or  at  or 
upon  any  building,  tree,  or  other  public  or  private  property,  or  at  or 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


9  Q  9 


upon  any  railroad  locomotive,  tender,  coach  or  car,  or  any  street  rail¬ 
way  coach  or  car. 

Obstructing  Street  Railway.  Section  16.  Any  person  who  shall 
place  or  cause  to  be  placed  upon  or  near  the  track  of  any  street  rail¬ 
way  any  obstruction  of  any  kind  or  nature  which  naturally  tends  to 
impede  or  endanger  the  running  of  cars  on  said  track,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  ten  days  nor  more  than  thirty  days. 

Railroad  Companies  to  Maintain  Gates,  Flagmen  and  Gongs.  Section 
17.  The  railroad  companies  hereinafter  named  shall  place  and  main¬ 
tain  flagmen,  and  shall  erect  and  maintain  gates  and  signal  gongs,  as 
follows: 

The  Chicago  &  Northwestern  Railway  Company  shall  place  and 
and  maintain  flagmen  at  its  crossings  on  East  Wilson  and  Williamson 
streets,  Blount,  Livingston,  Patterson,  East  Washington  avenue,  Water 
and  Winnebago  streets;  and  shall  erect  and  maintain  gates  at  its  cross¬ 
ing  on  Baldwin  street;  and  shall  erect  and  maintain  a  signal  gong  at 
its  crossing  on  East  Main  street. ' 

The  Chicago,  Milwaukee  &  St.  Paul  Railway  company  shall  place 
and  maintain  flagmen  at  its  crossings  on  East  Wilson  and  Williamson 
streets,  West  Washington  and  University  avenues,  and  Mills  street; 
and  shall  erect  and  maintain  gates  at  its  crossing  on  West  Main 
street;  and  shall  erect  and  maintain  signal  gongs  at  its  crossings  on 
Blount,  Livingston,  Patterson,  the  intersection  of  Baldwin  and  Wilson 
streets  and  on  Winnebago  street. 

Duty  of  Flagmen — Operation  of  Signals.  Section  18.  It  shall  be  the 
duty  of  each  flagman  to  give  due  and  timely  notice  by  clear  and  unmis¬ 
takable  signal  of  the  approach  of  all  locomotives  and  cars.  Gates  shall 
be  so  operated  as  to  be  closed  for  sufficient  time  before  the  passage 
of  locomotives  or  cars  as  to  prevent  any  danger;  and  all  gongs  shall 
be  sounded  for  a  sufficient  length  of  time  to  sufficiently  warn  all  per¬ 
sons  passing  over  such  streets. 

Duty  of  Railway  Employes.  Section  19.  No  engineer,  conductor  or 
employe  of  any  railroad  shall  cause  or  permit  any  locomotive  or  car 
to  cross  or  pass  over  any  street  on  which  it  is,  or  hereinafter  shall  be, 
required  of  the  company  owning  or  operating  such  tracks  to  place  and 
maintain  flagmen,  gates,  or  signal  gongs,  after  thirty  days  after  the 
passage  of  the  ordinance  requiring  the  placing  and  maintenance  of 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


•)  Q  “> 
Zoo 


such  flagmen,  gates  or  gongs,  unless  flagmen,  gates  or  gongs  have  been 
placed  and  gre  maintained  as  required  by  such  ordinance. 

Climbing  Upon  Cars,  Etc.  Section  20.  It  shall  be  unlawful  for  any 
person  not  an  employe  of  the  railway  company  to  jump  or  climb  upon 
or  from  any  locomotive,  tender,  or  railway  car,  while  the  same  is  in 
motion,  or  at  any  place  except  where  such  locomotive  or  car  may 
have  stopped  to  receive  or  discharge  passengers. 

Catching  on  to  Car — Children — Guardians.  Section  21.  No  per¬ 
son  shall  mischievously  step  or  sit  upon  or  cling  to  any  railway  or 
street  car,  mischievously  or  for  the  purpose  of  surreptitiously  riding 
thereon.  Parents  or  guardians  of  any  child  who  shall  knowingly  per¬ 
mit  such  child  to  violate  any  of  the  provisions  of  this  and  the  preced¬ 
ing  section  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor 
more  than  ten  dollars. 

Storage  of  Kerosene,  Etc.  Section  22.  No  person  shall,  without  the 
written  permission  of  the  chief  of  the  fire  department,  keep  upon  his 
premises  or  permit  to  be  stored  thereon  at  any  one  time,  more  than  six 
barrels  of  kerosene,  gasoline,  or  other  inflammable  or  explosive  prod¬ 
uct  of  crude  petroleum,  or  other  inflammable  or  dangerous  material 
calculated  to  endanger  lives  or  property.  Any  person  violating  any 
provision  of  this  section  shall  be  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  exceeding  one  hundred  dollars  in  every  case. 

Storage  of  Gunpowder — Kept  in  Canisters.  Section  23.  No  person 
shall  keep  or  have,  or  suffer  to  be  kept  or  had,  in  any  building  or  place 
by  him  owned  or  occupied,  any  greater  quantity  of  gun-powder  than 
twenty-five  pounds,  for  any  longer  period  than  ten  hours.  All  gun¬ 
powder  shall  be  securely  kept  in  a  metallic  canister  with  a  metallic 
cap  or  cover,  and  no  such  canister  shall  be  opened  after  night. 

Boats  to  Display  Proper  Lights.  Section  24.  If  any  owner  or  mas¬ 
ter  of  any  boat  propelled  by  machinery  running  on  either  of  the  lakes 
bordering  on  the  city  shall  run  or  navigate  such  boat  during  the  night 
time,  without  displaying  the  proper  and  customary  lights  usually  re¬ 
quired  on  navigable  waters,  to-wit:  a  white  light  on  the  bow  of  said 
boat,  a  red  light  on  the  port  and  a  green  light  on  the  starboard  side 
of  said  boat,  such  lights  to  be  properly  elevated  above  the  surface  of 
the  water,  and  kept  brightly  burning  while  said  boat  is  moving,  he 
shall  be  subject  to  a  fine  of  not  less  than  two  dollars  nor  more  than 
twenty-five  dollars  for  each  and  every  offense.  ' 


23-t  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


Boats  to  Carry  Life  Preservers.  Section  25.  If  any  owner  or  ma  - 
ter  of  any  boat  carrying  passengers  for  hire  on  either  of  the  lakes  boi- 
dering  cn  the  city  shall  run  or  navigate  such  boat  without  having  0:1 
board  at  all  times  one  life  preserver  for  each  passenger  he  is  licensed 
to  carry,  including  her  crew,  and  three  metal  or  leather  buckets,  he 

shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dcliais  nor  _ _ o 

than  one  hundred  dollars.  When  wooden  floats  are  used  as  life  pre¬ 
servers,  they  shall  be  of  at  least  the  following  dimensions,  or  other 
proper  dimensions  of  equal  cubical  capacity,  viz.:  four  feet  in  length, 
fourteen  inches  in  breadth  and  two  inches  in  thickness.  These  floats 
shall  be  made  of  white  pine  wood,  or  any  other  wood  not  exceeding 
white  pine  in  weight.  If  cork  life  preservers  are  to  be  used  they  shall 
be  in  accordance  with  United  States  laws  governing  life  saving  ap¬ 
pliances. 

Sailboats  to  Display  Lights.  Section  26.  If  any  owner  or  master 
of  any  sailboat  running  on  either  of  the  lakes  bordering  on  the  city 
shall  run  or  navigate  such  sailboat  in  the  night  time  without  display¬ 
ing  the  proper  light,  to-wit:  a  white  light  at  the  top  mast  or  above  all 
sails,  so  that  said  light  may  be  seen  from  all  directions,  and  without 
keeping  such  light  brightly  blirning  while  such  boat  is  moving,  he 
shall  be  subject  to  a  fine  of  not  less  than  two  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

Steamboats  to  Give  Sailboats  Advantage — Chief  of  Police  to  Desig¬ 
nate  Anchoring  Places  for  Boats.  Section  27.  It  shall  be  at  all  times 
the  duty  of  steamers  to  give  to  sailing  vessels  or  other  craft  propelled 
by  sail  every  advantage  and  keep  out  of  their  way,  but  sailboats  shall 
so  far  as  possible  keep  clear  of  the  regularly  traveled  course  of 
steamers.  The  chief  of  police  shall  have  full  power  to  designate  the 
anchoring  place  of  all  boats  on  Lake  Monona  and  Lake  Mendota,  and 
may  require  lights  placed  on  all  boats  anchored  on  said  lakes. 

Whistle — Bell  Signals.  Section  28.  The  whistle  and  bell  signal 
of  steamers  shall  be  the  same  as  required  by  the  Urfiied  States  gov¬ 
ernment  on  inland  lakes,  and  all  questions  or  rules  not  provided  for 
in  these  ordinances  shall  be  decided  by  reference  to  government  rules 
on  this  subject. 

Penalty.  Section  29.  Any  person  who  shall  violate  any  provision  of 
this  chapter  for  which  a  penalty  is  not  already  provided  therein,  shall 
be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  twenty- 
five  dollars. 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


235 


CHAPTER  XIX. 

OFFENSES  AGAINST  PUBLIC  MORALS  AND  DECENCY. 

V/antcn  or  Obscene  Language  or  Conduct.  Section  1.  No  person 
shall  use  any  wanton  or  obscene  language  in  the  hearing  of  another, 
or  make  any  wanton,  lewd  or  obscene  gesture  in  the  presence  of 
another. 


Exposure  of  Person.  Section  2.  It  shall  be  unlawful  for  any  person 
to  make  any  indecent  or  immoral  exhibition  or  exposure  of  his  person, 
or  to  cause  or  procure  any  person  so  to  do. 

Obscene  Literature.  Section  3.  It  shall  be  unlawful  for  any  person 
to  sell,  give  away,  or  offer  for  sale,  or  exhibit  any  indecent,  immodest 
or  lascivious  book,  pamphlet,  paper,  card,  picture,  toy  or  device. 

Disorderly  Houses.  Section  4.  No  person  shall  keep,  or  aid  or 
assist  in  keeping  any  disorderly  house. 

Houses  of  Ill-Fame.  Section  5.  If  any  person  shall  keep  or  main¬ 
tain,  or  shall  be  an  inmate  of,  or  in  any  way  contribute  to  the  support 
of,  any  house  of  ill-fame,  or  place  for  the  practice  of  fornication,  or 
knowingly  own  or  be  interested  as  proprietor  or  landlord  in  any  such 
house,  he  shall  be  subject  to  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars. 

Women  of  1 1 1- Fa  me.  Section  6.  It  shall  be  unlawful  for  any  woman 
of  evil  name  or  fame  to  enter  any  saloon,  restaurant,  hotel  or  eating 
house,  or  to  loiter  in  any  of  the  parks  or  other  public  places  in  said 
city. 

Exhibition  of  Animals.  Section  7.  No  person  shall  indecently  ex¬ 
hibit  any  bull  or  stud  horse  or  let  any  such  horse  to  any  mare,  or  any 
bull  to  any  cow,  within  the  limits  of  this  city,  unless  in  some  enclosed 
place,  out  of  public  view. 

Gaming  Devices.  Section  8.  No  person  shall  keep  or  main^fh  a 
gaming  house.  Any  person  violating  this  section  shall  be  subject  to  a 
fine  of  not  less  than  one  hundred  nor  more  than  two  hundred  and  fifty 
dollars. 


23  6  GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


Frequenting  Gaming  Houses.  Section  9.  No  person  shall  visit 
any  gaming  house  or  be  present  therein  for  the  purpose  of  gaming, 
or  otherwise  than  for  the  transaction  of  necessary  and  lawful  business. 

Duty  of  City  Officers  to  Seize  Gaming  Devices — Resistance.  Sec¬ 
tion  10.  The  mayor,  chief  of  police,  or  any  policeman  of  this  city,  may 
seize  or  direct  to  be  seized,  any  instrument,  device  or  thing  used  for 
the  purpose  of  gaming,  and  all  such  instruments,  devices  or  things  so 
seized  shall  be  demolished  or  destroyed,  under  the  direction  of  the 
mayor.  Any  person  obstructing  or  resisting  any  of  said  officers  in  the 
performance  of  any  act,  authorized  by  this  or  the  following  section, 
shall  be  subject  to  a  fine  of  not  less  than  fifty  dollars  or  more  than 
one  hundred  dollars. 

Refusal  to  Permit  Inspection  of  Gaming,  Etc.,  House.  Section  11. 
If  the  owner  or  keeper  of  or  any  person  within  any  gaming  house 
or  room,  any  disorderly  house,  or  any  house  of  ill-fame,  shall  refuse  to 
permit  the  mayor,  the  chief  of  police,  or  any  policeman  to  enter  the 
same,  it  shall  be  lawful  for  either  of  said  officers  to  enter,  or  cause  the 
same  to  be  entered,  by  force,  by  breaking  the  doors  or  otherwise,  and 
such  officers  may  arrest,  with  or  without  warrant,  all  suspected  per¬ 
sons  found  therein. 

Bathing.  -Section  12.  No  person  shall  between  the  hours  of  5 
o’clock  a.  m.  and  9  o’clock  p.  m.  bathe  or  swim  in  either  lakes  Men- 
dota  or  Monona,  nearer  than-  one  mile  to  the  shores,  and  within  the 
following  boundaries,  to-wit:  on  Lake  Mendota,  between  the  eastern 
city  limits  and  the  western  limits  of  the  University  grounds;  and  on 
Lake  Monona,  between  the  Yahara  and  the  .southern  city  limits, 
or  at  any  time  in  the  Yahara  river,  or  in  any  lagoon  or  body  of  water 
in  or  adjoining  any  public  place;  provided,  however,  that  nothing  con¬ 
tained  herein  shall  prohibit  such  bathing  or  swimming  in  either  of 
said  lakes,  except  from,  or  adjacent  to  a  public  park,  in  full  bathing 
dress,  covering  the  person  from  the  neck  to  the  knees. 

Injuring  or  Befouling  Private  Wells,  Etc.  Section  13.  No  person 
shall  injure,  befoul  or  corrupt  any  public  or  private  well  or  cistern. 

Penalty.  Section  14.  Any  person  violating  any  of  the  provisions  of 
this  chapter,  for  which  violation  no  penalty  has  been  already  provided 
herein,  shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more 
than  twenty-five  dollars. 


GENERAL  ORDINANCE  OF  TIIE  CITY  OF  MADISON. 


237 


CHAPTER 


Of  the  Repeal  of  Certain  Ordinances.  Section  1.  All  ordinances 
and  parts  of  ordinances,  contravening  or  inconsistent  with  the  fore¬ 
going  ordinances,  are  hereby  repealed. 

Enacting  Clause.  Section  2.  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  publication. 

Approved  April  19,  1904.  J.  W.  GROVES, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  Wisconsin,  on  the  19th  day 
of  April,  A.  D.  1904.  O.  S.  NORSMAN, 

City  Clerk. 


An  Ordinance  to  amend  section  4  of  chapter  X  of  the  revised  ordi¬ 
nances  of  the  City  of  Madison,  relating  to  the  term  of  the  Superin¬ 
tendent  of  the  Water  Works. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  Section  4  of  chapter  X  of  the  revised  ordinances  of  the 
city  of  Madison  be  amended  by  striking  out  the  words  “one  year”  in 
the  last  line  of  said  section,  and  inserting  in  lieu  thereof  the  words 
“such  time  as  the  board  shall  determine,  not  exceeding  three  years,” 
so  that  said  section  when  so  amended  shall  read  as  follows: 

Section  4.  The  said  board  at  its  regular  October  meeting  shall  ap¬ 
point  a  superintendent  who  shall  be  the  general  executive  officer  of 
the  water  works  department.  He  shall  give  a  bond  in  the  sum  of  two 
thousand  dollars,  conditioned  for  the  faithful  discharge  of  his  duties, 
and  shall  hold  his  office  for  such  a  time  as  the  board  shall  determine, 
not  exceeding  three  years,  unless  sooner  removed  by  board. 

Section  2.  This  ordinance  shall  be  in  force  and  take  effect  from 
and  after  its  passage  and  publication. 

Approved  May  20th,  1904.  W.  D.  CURTIS, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  13th  day  of  May, 
1904.  O.  S.  NORSMAN, 

City  Clerk. 


238 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


An  Ordinance  to  amend  section  41,  chapter  15,  of  the  Revised  Gen¬ 
eral  Ordinances  of  the  city  of  Madison. 

The  mayor  and  the  common  council  of  the  city  of  Madison  do  ordain 
as  follows: 

Section  41  of  chapter  15  of  the  Revised  General  Ordinances  of  the 
city  of  Madison  is  hereby  amended,  by  inserting  after  the  word  “sur¬ 
veyor”  in  the  third  from  the  last  line  of  said  section,  the  following: 

“No  cement  shall  be  used  in  the  construction  of  sidewalks  on  any 
street  or  alley  unless  the  same  shall  comply  with  the  tests  for  Port¬ 
land  cement  drawn  up  by  the  committee  on  masonry  and  approved  at 
the  fifth  annual  session  of  American  Railway  Engineeering  and  Main¬ 
tenance  of  Way  Association,  and  published  in  the  proceedings  of  the 
fifth  annual  meeting  in  Chicago,  a  copy  of  which  is  on  file  in  the  office 
of  the  city  surveyor,  and  before  any  such  cement  shall  he  used  the 
same  shall  be  tested  by  the  city  surveyor,  or  he  shall  be  furnished 
with  satisfactory  evidence  that  such  tests  have  been  made  by  some  com¬ 
petent  person,  and  that  the  cement  proposed  to  be  used  conforms  to  the 
requirements  of  the  test  above  designated,”  so  that  when  so  amended 
said  section  shall  read  as  follows: 

Construction  of  Sidewalks.  Section  41.  Except  upon  special  author¬ 
ity  obtained  from  the  common  council,  no  new  walk  upon  any  street, 
the  grade  of  which  shall  have  been  established,  and  which  shall  have 
been  improved  by  paving  or  macadamizing,  shall  be  constructed,  and 
no  old  walk  shall  be  substantially  reconstructed  upon  such  street  un¬ 
less  such  new  or  reconstructed  sidewalk  shall  be  of  cement,  and  con¬ 
structed  in  substantial  accordance  with  the  following  specifications: 
The  natural  soil  or  present  surface  shall  be  removed,  regulated  and 
graded  to  the  depth  of  twelve  inches  below  the  level  of  the  finished 
surface  of  the  sidewalk.  Perishable  or  objectionable  material  shall  be 
removed.  On  the  surface  so  graded  and  compacted  by  wetting,  rolling 
or  ramming,  there  shall  be  spread  a  layer  of  clean  firebox  cinders  or 
gravel  for  the  total  width  of  the  walk,  and  such  a  depth  as  will  give 
after  compacting  a  thickness  of  seven  inches,  this  layer  to  be  thor¬ 
oughly  compacted.  Upon  the  foundation  thus  prepared,  there  shall 
be  placed  a  layer  of  concrete,  four  inches  in  depth,  made  by  mixing  one 
part  by  volume  of  American  Portland  cement,  three  parts  by  volume 
of  clean  sharp  sand,  and  five  parts  by  volume  of  clean  broken  stone, 
that  will  pass  though  an  inch  and  one-half  ring.  Before  the  concrete 
shall  have  set,  there  shall  be  placed  on  it  a  wearing  coat  one  inch  in 
thickness,  made  by  mixing  one  part  by  volume  of  American  Portland 


GENERAL  ORDINANCE  OF  THE  CITY  OF  MADISON. 


239 


cement  with  one  and  one-half  parts  by  volume  of  crushed  granite 
screenings.  Before  this  surfacp  shall  have  set,  it  shall  be  given  a 
“brush”  finish,  or  a  corrugated  finish,  as  the  city  surveyor  may  direct. 
The  cement  walk  shall  be  cut  into  blocks  of  such  sizes  as  the  city  sur¬ 
veyor  shall  direct,  the  edges  of  the  blocks  to  be  parallel  or  at  right 
angles  to  the  street  lines.  The  cutting  must  extend  entirely  through 
both  layers  of  concrete,  and  the  separation  into  blocks  must  be  perfect 
and  distinct.  Said  cement  walks  upon  all  residence  streets  shall  not 
be  less  than  five  feet  four  inches  wide,  and  unless  the  city  surveyor 
shall  so  direct,  shall  not  exceed  that  width.  Upon  business  streets 
such  walkls  shall  be  such  a.s  shall  be  directed  by  the  city  surveyor. 
No  cement  shall  be  used  in  the  construction  of  sidewalks  on  any  street 
or  alley  undess  the  same  shall  comply  with  the  tests  for  Portland  cement 
drawn  up  by  the  committee  on  masonry  and  approved  at  the  fifth  an¬ 
nual  session  of  the  American  Railway  Engineering  and  Maintenance 
of  Way  Association  and  published  in  the  proceedings  of  the  fifth  an¬ 
nual  session  held  in  Chicago,  a  copy  of  which  is  on  file  in  the  office 
of  the  city  surveyor,  and  before  any  such  cement  shall  be  used  the 
same  shall  be  tested  by  the  city  surveyor,  or  he  shall  be  furnished 
with  satisfactory  evidence  that  such  tests  have  been  made  by  some 
competent  person  and  that  the  cement  proposed  to  be  used  conforms 
to  the  requirements  of  the  test  above  designated.  Any  person  violat¬ 
ing  any  of  the  provisions  of  this  section  shall  be  subject  to  a  fine  of 
not  less  than  five  dollars  and  not  more  than  one  hundred  dollars. 

Approved  August  16,  1904. 

W.  D.  CURTIS, 

Mayor. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  12th  day  of  August, 
1904. 


O.  S.  NORSMAN, 

City  Clerk. 


240 


FRANCHISES  GRANTED  BY  TIIE  CITY  OF  MADISON. 


FRANCHISES 


RAILROAD  FRANCHISES. 


Ax  Ordinance  to  grant  the  right  of  way  to  the  Baraboo  Air  Line  Rail¬ 
road  Company  over  and  across  streets. 

The  common  council  of  the  city  of  Madison  do  ordain  as  folloivs: 

Section  1.  That  the  right  of  way  be  and  the  same  is  hereby  granted 
to  the  Baraboo  Air  Line  Railroad  Company,  along  or  across  any  or  all 
streets  or  alleys  in  said  city  on  the  line  which  has  been  located  by  said 
company  in  constructing  its  road  from  block  number  one  hundred 
and  twenty-four  (124)  in  said  city  to  Baraboo  in  Sauk  county,  and 
said  company  is  hereby  authorized  to  use  any  and  all  streets,  alleys 
or  public  places  for  the  purposes  of  constructing  single  or  double  tracks 
of  railway  from  and  to  such  points  as  have  been  adopted,  and  to  use 
said  streets,  alleys  and  public  places  for  any  and  all  purposes  necessary 
for  the  public  construction  and  use  of  said  railroad,  but  said  streets 
shall  not  be  so  used  or  left  by  said  company  as  to  unnecessarily 
obstruct  the  use  of  the  same,  for  ordinary  purposes. 

Section  2.  The  city  of  Madison  hereby  relinquishes  all  claims  for 
damages  for  the  right  of  way  herein  granted,  and  all  compensation  for 
the  use  of  the  streets,  alleys  and  public  places  for  the  purposes  herein 
specified. 

Section  3.  The  said  railroad  company  shall  put  up  or  cause  to  be 
put  upon  large  sign-boards  at  all  places  wherever  the  track  crosses  any 
traveled  street,  bearing  on  both  sides  of  said  boards  in  large  letters 
“Look  out  for  the  cars,”  and  before  crossing  and  while  running  along 
upon  any  traveled  street  in  this  city,  they  shall  cause  the  bell  on  the 
engine  to  be  rung  and  their  trams  shall  not  go  faster  until  they  have 
passed  all  traveled  streets,  than  at  the  rate  of  six  miles  per  hour. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


241 


Section  4.  All  street  crossings  shall  be  constructed  and  maintained 
at  the  expense  of  the  said  road  company  in  a  manner  acceptable  to  the 
common  council. 

Section  5.  The  city  hereby  reserves  the  right  to  regulate  the  run¬ 
ning  of  trains  and  to  enact  such  other  regulations  in  relation  to  the 
said  road  as  the  interests  of  the  city  may  require. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

ANDREW  PROUDFIT, 

JOHN  CORSCOT,  Mayor. 

Clerk. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  23rd  day  of  August, 
1870. 

JOHN  CORSCOT, 

(Ordinance  No.  487.)  City  Clerk. 


An  Ordinance  granting  the  right  of  way  through  and  across  streets 
and  public  grounds  in  the  city  of  Madison  to  the  Beloit  and 
Madison  Railroad  Company. 

The  common  council  of  the  city  of  Madison  do  ordain: 

Section  1.  That  the  right  of  way  in,  across  and  through  the  streets 
and  public  grounds  of  the  city  of  Madison,  as  hereinafter  designated, 
is  hereby  given  and  granted  unto  the  Beloit  and  Madison  Railroad 
Company,  its  successors,  and  assigns:  That  the  right  of  way  so 
granted  authorizes  the  entry  upon  and  continued  occupation  of  so 
much  of  the  said  streets  and  public  grounds  as  shall  be  necessary 
for  the  purposes  of  laying  out,  building,  running  and  using  a  rail¬ 
road  and  shall  cease  and  be  determined  at  any  time  said  premises 
are  not  occupied  and  used  for  such  purposes;  that  the  right  of  way 
so  granted  is  given  across  and  through  said  streets  and  public  grounds 
on  or  near  the  center  line  of  the  Beloit  and  Madison  Railroad  as 
the  same  is  now  located;  which  said  center  line,  as  located  runs 
substantially  as  follows,  to-wit:  Commencing  at  a  point  in  the  bank 
or  shore  of  Lake  Monona,  or  Third  lake  so  called,  southwest  of  and 
near  to  the  track  of  the  Milwaukee  &  Prairie  du  Chien  Railroad  and 
running  thence  northeasterly  along  the  bank  or  shore  of  said  Third 
lake,  across  all  the  intervening  streets  to  a  point  on  the  shore  of  said 
Third  lake,  in  or  near  East  Canal  street;  thence  northerly  and  north- 

18 


242 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


easterly  through  and  across  all  intervening  streets  to  a  point  in  the 
center  of  Clymer  street  and  on  the  east  line  of  Patterson  street;  pro¬ 
vided,  that  all  the  street  crossings  shall  be  constructed  and  maintained 
at  the  expense  of  the  said  railroad  company  in  a  manner  to  be  agreed 
upon  between  said  company  and  the  common  council  of  the  city  of 
Madison;  and  provided  further,  that  the  grade  of  said  road  where  it 
crosses  or  runs  on  streets  north  and  east  of  West  Canal  street  in  said 
city  shall  be  established  in  a  manner  to  be  agreed  upon  between  said 
company  and  the  common  council  of  the  city  of  Madison. 

Section  2.  The  city  hereby  reserves  the  right  to  regulate,  whenever 
the  interests  of  the  city  require  it,  the  manner  of  running  trains 
through  and  across  the  traveled  portions  of  said  streets,  so  far  as 
to  limit  the  rate  of  speed  and  to  require  proper  signals. 

W.  T.  LEITCH, 

Wm.  A.  HAYES,  Mayor. 

City  Clerk. 

Notice  is  hereby  given,  that  the  foregoing  ordinance  was  passed 
by  the  Common  Council  of  the  city  of  Madison,  on  the  3d  day  of  April, 
1803. 

Wm.  A.  HAYES, 

(Ordinance  No.  100.)  City  Clerk. 


An  Ordinance  to  grant  the  right  of  way  to  the  Beloit  and  Madison 
Railroad  Company  across  and  along  certain  streets. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  That  the  right  of  way  be  and  the  same  is  hereby  granted 
to  the  Beloit  and  Madison  Railroad  Company  across  East  Canal  street 
in  the  city  of  Madison  between  the  present  track  of  the  Milwaukee 
&  St.  Paul  Railroad  Company  when  it  crosses  said  street  and  the 
Third  lake,  and  also  across  Blair  street  and  across  and  along  Wilson 
street  so  that  the  line  of  said  road  shall  be  as  nearly  straight  as 
possible  from  where  it  crosses  East  Canal  street  to  a  point  where 
the  depot  of  said  company  is  located  in  block  one  hundred  and  twenty- 
four  and  to  strike  near  the  corner  of  lots  16  and  17  in  said  block 
124  on  Wilson  street. 

Section  2.  The  city  of  Madison  hereby  relinquishes  all  claims  for 
damages  for  the  right  of  way  herein  granted  and  all  compensation 
for  the  use  of  said  streets. 

Section  3.  The  said  railroad  company  shall  cause  to  be  put  up  large 
sign-boards  at  all  places  wherever  the  track  crosses  any  street,  having 


FRANCHISES  GRANTED  J3Y  THE  CITY  OF  MADISON.  243 


on  both  sides  of  said  boards  in  large,  plain  letters  “Look  out  for  the 
cars,”  and  before  crossing,  and  while  running  along  upon  any  street 
in  the  city,  they  shall  cause  the  bell  on  the  engine  to  be  rung,  and  their 
trains  shall  not  go  faster  through  the  city  than  at  the  rate  of  six  miles 
an  hour. 

Section  4.  The  street  crossings  shall  be  constructed  and  maintained 
at  the  expense  of  said  railroad  company  in  a  manner  acceptable  to  the 
common  council. 

Section  5.  The  city  herein  expressly  reserves  the  right  to  regulate 
the  running  of  trains,  and  to  enact  such  other  regulations  in  relation 
to  said  road  as  the  interests  of  the  city  may  from  time  to  time  require. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

M.  T.  BAILY, 

JOHN  CORSCOT,  Acting  Mayor. 

Clerk. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
th'e  common  council  of  the  city  of  Madison,  on  the  3rd  day  of  October, 


1870. 

(Ordinance  No.  495.) 


JOHN  CORSCOT, 

City  Clerk. 


An  Ordinance  to  grant  the  right  of  way  to  the  Chicago,  Madison  & 

Northern  Railroad  Company  over,  across  and  along  certain  streets. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  That  the  right  of  way  for  tracks  and  all  purposes  of  its 
railroad  be  and  the  same  is  hereby  granted  to  the  Chicago,  Madison 
&  Northern  Railroad  Company  over,  across  or  along  any  or  all  high¬ 
ways,  streets  or  alleys  in  the  city  of  Madison  upon  its  line  of  rail¬ 
road  extending  from  the  westerly  city  boundary  or  limits,  through 
out-lying  tracts,  blocks  13,  14  and  10  of  Brooks’  addition,  outlots  1 
to  6,  both  inclusive,  of  the  University  addition,  and  blocks  24  to  29, 
both  inclusive,  of  the  original  plat  of  the  city  of  Madison,  to  a  point 
on  th'e  shore  of  Third  Lake  or  Lake  Monona  in  said  block  29,  as 
such  part  of  the  line  of  the  said  railroad  has  been  staked  out  and 
located;  thence  along  the  shore  of  Monona  or  Third  lake,  parallel 
with  and  alongside  of  the  existing  tracks  upon  the  lake  shore  to  the 


244 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


intersection  of  the  Chicago  &  Northwestern,  and  Chicago,  Milwaukee 
&  St.  Paul  Railroad  tracks;  thence  upon  the  northwesterly  side  of 
the  Chicago,  Milwaukee  &  St.  Paul  track  along  Wilson  street  to  Few 
street  and  thence  to  the  northeasterly  boundary  of  the  city;  also 
from  a  point  on  said  located  line,  west  of  the  University  addition 
through  Brooks’  addition  and  outlying  tracts,  or  either  thereof,  to 
the  westerly  city  boundary  or  limits,  as  such  last  mentioned  parts 
of  said  line  of  railroad  shall  he  located.  Provided,  that  not  more 
than  two  tracks  shall  he  laid  between  Bedford  street  and  the  south 
side  of  Blair  street. 

Section  2.  Said  company,  its  successors  or  assigns,  may  at  any  time 
within  five  years  from  the  date  hereof,  construct  a  line  of  single  or 
double,  track  railroad  with  all  necessary  tunnels,  retaining  walls, 
bridges  and  other  appurtenances,  from  a  point  on  their  aforesaid  line 
on  Third  lake  shore  to  be  selected  by  said  company,  in  block  106,  thence 
northerly  across  Wilson,  King,  and  Butler  streets,  at  or  near  the  place 
of  junction  and  thence  to  the  northeasterly  city  limits,  provided  that 
said  streets  shall  be  bridged  on  grade  and  all  other  streets  crossed 
shall  be  restored  to  their  former  usefulness  as  near  as  practicable; 
provided,  that  without  permission  from  the  council  no  street  shall 
be  occupied  longitudinally  by  tracks  parallel  with  the  center  line 
thereof,  and  that  when  there  is  sufficient  head  room,  or  depth  of  cut¬ 
ting,  said  railroad  company  shall  cause  a  tunnel  to  be  constructed, 
and  shall  make  an  open  cut  with  suitable  retaining  walls  only  where 
.a  tunnel  can  not  be  constructed. 

Section  3,  The  city  of  Madison  hereby  relinquishes  all  claims  for 
damages  for  the  right  of  way  herein  granted,  and  all  compensation 
for  the  use  of  said  highways,  streets  and  alleys. 

Section  4.  The  said  railroad  company  shall  cause  to  be  put  up  large 
sign-boards  at  all  places  wherever  the  track  or  tracks  cross  any  high¬ 
way  or  street,  having  on  both  sides  of  said  boards  in  large,  plain 
letters.  “Look  out  for  the  cars;”  and  before  crossing  and  while  running 
along  upon  any  highway  or  street  in  the  city  they  shall  cause  the  bell 
upon  the  engine  to  be  rung,  and  their  trains  shall  not  go  faster  through 

the  city  than  at  the  rate  of  six  miles  an  hour. 

Section  5.  The  highway  and  street  crossings  shall  be  constructed 
and  maintained  at  the  expense  of  said  railroad  company  in  a  manner 
acceptable  to  the  common  council. 

Section  6.  The  city  herein  expressly  reserves  the  right  to  regulate 
the  running  of  trains,  and  to  enact  such  other  regulations  in  relation 
to  said  railroad  as  the  interests  of  the  city  may  from  time  to  time 

require. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON.  245 


Section  7.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  fts  passage. 

Approved  October  20th,  1886. 

E.  W.  KEYES, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed 
by  the  common  council  of  the  city  of  Madison  on  the  19th  day  of 
October,  1886. 

JOHN  CORSCOT, 

(Ordinance  No.  909.)  City  Clerk. 


An  Ordinance  extending  the  time  within  which  to  comply  with  the 
unexecuted  portion  of  the  provisions  of  an  ordinance  entitled, 
“An  ordinance  to  grant  the  right  of  way  to  the  Chicago,  Madison 
and  Northern  Railroad  Company,  over,  across  and  along  certain 
streets,”  approved  October  19th,  A.  D.  1886. 

The  common  council  of  the  city  of  Maclison  do  ordain  as  follows: 

Section  1.  The  time  within  which  the  (consolidated)  Chicago, 
Madison  and  Northern  Railroad  Company  may  complete  the  construc¬ 
tion  of  the  line  of  railroad  mentioned  and  provided  for  in  and  by 
an  ordinance  entitled,  “An  ordinance  to  grant  the  right  of  way  to 
the  Chicago,  Madison  and  Northern  Railroad  Company,  over,  across 
and  along  certain  streets,”  approved  October  19th,  A.  D.  1886,  is  hereby 
extended  for  a  further  and  additional  period  of  two  years,  and  all 
rights  and  privileges  by  said  ordinance  given,  be  and  the  same  are 
hereby  conferred  on  said  company  for  such  additional  time. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  Sept.  12,  1891. 

WM.  H.  ROGERS, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  11th  day  of  Sep¬ 
tember,  1891. 

O.  S.  NORSMAN, 

City  Clerk. 


(Ordinance  No.  1027.) 


246  FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


An  Ordinance  extending  the  time  within  which  to  comply  with  the 
unexecuted  portion  of  the  provisions  of  an  ordinance  entitled, 
“An  ordinance  to  grant  the  right  of  way  to  the  Chicago,  Madison 
and  Northern  Railroad  Company,  over,  across  and  along  certain 
streets,”  approved  October  19th,  A.  D.  1886. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  The  time  within  which  the  (consolidated)  Chicago,  Mad¬ 
ison  and  Northern  Railroad  Company  may  complete  the  construction 
of  the  line  of  railroad  mentioned  and  provided  for  in  and  by  an  ordi¬ 
nance  entitled,  “An  ordinance  to  grant  the  right  of  way  to  the  Chi¬ 
cago,  Madison  and  Northern  Railroad  Company,  over,  across  and 
along  certain  streets,”  approved  October  19th,  A.  D.  1886,  and  here¬ 
tofore  once  extended,  is  hereby  again  extended  for  a  further  period 
of  two  years,  and  all  rights  and  privileges  by  said  ordinance  given, 
be  and  the  same  are  hereby  conferred  on  said  company  for  such  addi¬ 
tional  time. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  October  14th,  1893. 

JOHN  CORSCOT, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  13th  day  of  October, 
1893. 

O.  S.  NORSMAN, 

(Ordinance  No.  1072.)  City  Clerk. 


An  Ordinance  extending  the  time  within  which  to  comply  with  the 
unexecuted  portion  of  the  provisions  of  an  ordinance  entitled, 
“An  ordinance  to  grant  the  right  of  way  to  the  Chicago,  Madison 
&  Northern  Railway  Company,  over,  across  and  along  certain 
streets,”  approved  October  19th,  A.  D.  1886. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  The  time  within  which  the  (consolidated)  Chicago,  Mad¬ 
ison  &  Northern  Railroad  Company  may  complete  the  construction  of 
the  line  of  railroad  mentioned  and  provided  for  in  and  by  an  ordinance 
entitled,  “An  ordinance  to  grant  the  right  of  way  to  the  Chicago, 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON.  247 


Madison  &  Northern  Railroad  Company,  over,  across  and  along  certain 
streets,”  approved  October  19th,  A.  D.  1886,  and  heretofore  twice  ex¬ 
tended,  is  hereby  again  extended  for  a  further  period  of  four  years, 
and  all  rights  and  privileges  by  said  ordinance  given,  be  and  the  same 
are  hereby  conferred  on  said  company  for  such  additional  time. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  September  16,  1S95.  JABE  ALFORD, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  13th  day  of  Sep¬ 
tember,  A.  D.  1895. 

O.  S.  NORSMAN,  . 

(Ordinance  No.  1110.)  City  Clerk. 


An  Ordinance  extending  the  time  within  which  to  comply  with  the 
unexecuted  portion  of  the  provisions  of  an  ordinance  entitled, 
“An  ordinance  to  grant  the  right  of  way  to  the  Chicago,  Madison 
and  Northern  Railroad  Company,  over,  across  and  along  certain 
streets,”  approved  October  19,  A.  D.  1886. 

The  common  council  of  the  city  of  Maclison  do  ordain  as  follows: 

Section  1.  The  time  within  which  the  (consolidated)  Chicago,  Mad¬ 
ison  and  Northern  Railroad  Company  may  complete  the  construction 
of  the  line  of  railroad  mentioned  and  provided  for  in  and  by  an  or¬ 
dinance  entitled,  “An  ordinance  to  grant  the  right  of  way  to  the  Chi¬ 
cago,  Madison  and  Northern  Railroad  Company,  over,  across  and  along 
certain  streets,”  approved  October  19,  A.  D.  1886,  and  heretofore  ex¬ 
tended,  is  hereby  again  extended  for  a  further  period  of  five  years,  and 
all  rights  and  privileges  by  said  ordinance  given  be  and  the  same 
are  hereby  conferred  on  said  company  for  such  additional  time. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  September  23d,  1899.  M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  22d  day  of  Septem¬ 
ber,  1899. 

O.  S.  NORSMAN, 

City  Clerk. 


(Ordinance  No  1207.) 


248 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Resolution  Adopted  November  2d,  1885. 

Resolved ,  That  the  deed  of  the  Chicago  &  Northwestern  Railway  to 
the  city  of  Madison  of  a  right  of  way  across  block  269,  in  said  city, 
being  a  part  of  Williamson  street,  be  and  the  same  is  hereby  accepted 
on  the  terms  and  conditions  therein  stated,  without  prejudice,  how¬ 
ever,  to  the  prescriptive  right  of  way  claimed  by  our  city  over  the* 
land  embraced  within  the  boundaries  described  in  said  deed. 

Resolved,  That  the  said  Chicago  &  Northwestern  Railway  Company 
be  and  the  same  is  hereby  required  to  break  all  trains  in  transit  of 
said  company  at  said  Williamson  street  crossing. 

Resolved,  That  the  deed  of  the  Chicago,  Milwaukee  &  St.  Paul  Rail¬ 
way  conveying  to  the  city  of  Madison  a  right  of  way  over  block  269 
in  said  city,  being  a  part  of  Williamson  street,  be  and  the  same  is 
hereby  accepted  on  the  terms  and  conditions  therein  stated,  without 
prejudice,  however,  to  the  prescriptive  right  of  way  claimed  by  said 
city  over  the  land  embraced  within  the  boundaries  described  in  said 
deed. 

JOHN  CORSCOT, 

City  Clerk. 


Resolution  Adopted  October  4,  1884. 

Resolved,  That  permission  is  hereby  given  to  the  Chicago  &  North 
western  Railway  Company  to  extend  the  side  track  known  as  the  ice 
track,  now  built  on  the  front  of  block  one  hundred  and  twenty-six 
(126),  along  and  across  the  lake  front  at  the  end  of  Blount  street; 
provided,  that  the  said  company  shall,  at  the  time  of  extending  its 
said  track,  build  the  culvert  of  the  city  in  Blount  street  from  its  pres¬ 
ent  termination  to  and  under  such  track,  so  that  it  shall  freely  dis¬ 
charge  into  the  outside  waters  of  the  lake,  and  shall  keep  and  main¬ 
tain  such  extension  of  said  culvert  in  good  order  and  condition,  and 
shall  also  grade  the  end  of  said  street  to,  over  and  beyond  such  track 
and  provide  a  crossing  over  the  track  so  that  teams  can  easily  pass 
to  and  upon  the  ice  in  winter,  said  work  to  be  done  under  the  super¬ 
vision  of  the  city  surveyor. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


249 


An  Ordinance  granting  to  the  Chicago  and  Northwestern  Railway 
Company  the  right  to  construct  a  spur  railroad  track  upon,  over 
and  across  Clymer  and  Main  streets. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  Permission  and  authority  are  hereby  granted  to  the 
Chicago  and  Northwestern  Railway  Company  to  construct,  maintain 
and  operate  a  spur  railroad  track  across  Clymer  street  and  Main 
street  in  the  city  of  Madison,  upon  a  route  described  as  follows:  Be¬ 
ginning  at  a  point  in  one  of  the  tracks  of  said  railway  company  now 
laid  in  said  Clymer  street  opposite,  or  nearly  so,  the  dividing  line  be¬ 
tween  lots  13  and  14,  in  block  145,  running  from  thence  westerly  or 
northwesterly  on  a  convenient  curve  to  the  right  across  said  Clymer 
street  to  a  point  near  the  southeasterly  corner  of  lot  No.  16  of  said 
block  145;  from  thence  said  track  crosses  said  block  145  and  leaves 
said  block  at  the  dividing  line  between  lots  1  and  2  and  from  thence 
continues  on  said  line  produced,  across  said  Main  street. 

Section  2.  This  ordinance  to  be  in  full  force  and  effect  from  and 
after  its  passage  and  publication. 

Approved  June  30,  1899. 

M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  29th  day  of  June, 
1899. 

O.  S.  NORSMAN, 

(Ordinance  No.  1198.)  City  Clerk. 


An  Ordinance  granting  to  the  Chicago  and  Northwestern  Railway 
Company  the  right  to  construct  a  spur  track  in  and  across  certain 
streets. 

The  mayor  and  commori  council  of  the  city  of  Madiso?i  do  ordain 
as  follows: 

Section  1.  Permission  and  authority  are  hereby  granted  to  the 
Chicago  and  Northwestern  Railway  Company,  its  successors  and  as¬ 
signs,  to  construct,  maintain  and  operate  a  railroad  track  in  Clymer 
street,  also  called  Railroad  street,  and  over  and  across  Main  street 
in  said  city  of  Madison,  upon  a  route  described  as  follows: 


250 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Beginning  at  a  point  in  the  present  switch  track  of  said  railway 
company  in  said  Clyrner  street,  and  serving  the  lumber  yard  of 
M.  Frederickson,  located  upon  block  172,  of  Farwell’s  replat  to  said 
city  opposite  the  dividing  line  or  nearly  so  between  lots  12  and  13, 
of  said  block  172,  and  extending  thence  westerly  in  and  along  said 
Clyrner  or  Railroad  street,  and  on  the  northeasterly  side  of  the  pres¬ 
ent  main  track  of  said  railway  company  to  or  near  the  southeasterly 
corner  of  lot  14,  in  block  157,  thence  northwesterly  across  said  block 
157  to  Main  street,  thence  across  Main  street  between  lot  4  of  block 
157,  and  lot  15  of  block  158;  said  track,  however,  to  be  constructed 
in  such  a  manner  as  to  conform  to  the  established  grade  of  said 
streets. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force  from 
and  after  its  passage  and  publication. 

Approved  September  15,  1900. 

M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  14th  day  of  Septem¬ 
ber,  1900. 

O.  S.  NORSMAN, 

(Ordinance  No  1228.)  City  Clerk. 


An  Ordinance  granting  to  the  Chicago  &  Northwestern  Railroad  Com¬ 
pany  the  right  to  construct  a  spur  track  in  and  across  a  certain 
street. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  Permission  and  authority  are  hereby  granted  to  the 
Chicago  &  Northwestern  Railway  Company,  its  successors  and  assigns, 
to  construct,  maintain  and  operate  a  railroad  track  in  Clyrner  street, 
also  called  Railroad  street,  in  said  city  of  Madison,  upon  a  route  de¬ 
scribed  as  follows:  Beginning  at  a  point  in  the  present  switch  track, 
known  as  the  repair  track,  of  said  railroad  company  in  said  Clyrner 
street,  located  in  block  145  of  Far  well’s  replat  of  said  city,  and  ex¬ 
tending  westerly  in  and  along  Clyrner  or  Railroad  street  on  said  re¬ 
pair  track  to  a  point  twelve  or  more  feet  west  of  the  dividing  line  be¬ 
tween  lots  12  and  13  of  said  block  145,  thence  across  a  small  portion 
of  said  Clyrner  or  Railroad  street,  entering  lot  13  of  block  145  in  a 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


251 


northwesterly  direction,  to  Ihe  industries  of  Leonard  &  Ellis;  said 
track  or  spur,  however,  to  be  constructed  in  such  a  manner  as  to  con¬ 
form  to  the  established  grade  of  said  street. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  publication. 

Approved  August  17,  1901. 

STORM  BULL, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  ninth  day  of  August, 
1901. 

O.  S.  NORSMAN, 

(Ordinance  No.  1247.)  City  Clerk. 


An  Ordinance  granting  to  the  Chicago  and  Northwestern  Railway 
Company  the  right  to  construct,  maintain  and  operate  a  spur  rail¬ 
road  track  in  Clymer  street  or  Railroad  street,  and  over  and  across 
Patterson  street,  in  the  city  of  Madison. 

The  mayor  and  common  council  of  the  city  of  Madison  do  ordain  as 
follows: 

Section  1.  Permission  and  authority  are  hereby  granted  to  the 
Chicago  &  Northwestern  Railway  Company,  its  successors  and  assigns, 
to  construct,  maintain  and  operate  a  spur  railroad  track  of  standard 
gauge  in,  upon  and  along  Clymer  street,  also  called  Railroad  street, 
in  said  city  of  Madison,  from  a  point  in  its  most  northerly  track  now 
laid  in  said  Clymer  street,  opposite  lot  twelve  (12)  of  block  one 
hundred  and  fifty-seven  (157),  of  Farwell’s  replat,  westwardly  to 
the  northerly  line  of  said  street,  being  also  the  southerly  line  of  lot 
seventeen  (17)  of  said  block;  thence  westwardly  to  the  easterly  line 
of  Patterson  street;  thence  across  Patterson  street  to  the  westerly 
line  thereof,  between  lot  eighteen  (18)  of  said  block  one  hundred  and 
fifty-seven  (157)  and  lot  ten  (10)  of  block  one  hundred  and  forty-five 
(145)  of  said  Farwell’s  replat 

Section  2.  This  ordinance  shall  take  effect  and  be  in  full  force 
from  and  after  its  passage  and  publication. 

Approved  June  17,  1902. 

JOHN  W.  GROVES, 

Mayor. 


252 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  13th  day  of  June, 
1902. 

O.  S.  NORSMAN, 

(Ordinance  No.  1260.)  t  City  Clerk. 


An  Ordinance  granting  to  the  Chicago  and  Northwestern  Railway 
Company  the  right  to  lay  a  railroad  track  across  Main  street  in 
the  city  of  Madison. 

The  mayor  and  common  council  of  the  city  of  Madison  do  ordain 
as  follows: 

Section  1.  Permission  and  authority  are  hereby  granted  to  the 
Chicago  and  Northwestern  Railway  Company,  its  successors  and  as¬ 
signs,  to  construct,  maintain  and  operate  a  railroad  track  of  stand¬ 
ard  gauge  upon,  over  and  across  Main  street  in  the  city  of  Madison, 
between  Brearly  street  and  Patterson  street,  westerly  of  the  track  now 
laid  upon  and  over  said  Main  street.  Said  track  to  be  laid  in  such, 
manner  as  to  conform  to  the  present  established  grade  of  said  street. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage  and  publication. 

Approved  November  17,  1902. 

JOHN  W.  GROVES, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  14th  day  of  Novem¬ 
ber,  1902. 

o.  s.  norsm:an, 

(Ordinance  No.  1277.)  City  Clerk. 


An  Ordinance  granting  to  the  Gisholt  Machine  Company,  its  successors 
and  assigns,  the  right  to  construct,  use  and  maintain  a  railway 
sidetrack  in  the  city  of  Madison,  Wisconsin. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  The  Gisholt  Machine  Company,  its  successors  and  as¬ 
signs,  are  hereby  granted  a  right  of  way  through,  in,  upon  and  across 
East  Washington  avenue.  Bridge  street,  South  Dickinson  street  and 


253 


FRANCHISES  GRANTED  BY  THE 


CITY  OF  MADISON. 


East  Main  street,  on  the  west  side  of,  and  adjacent  to,  the  right  of 
way  of  the  Chicago  &  Northwestern  Railway  Company  as  now  lo¬ 
cated,  and  South  Baldwin  street  between  blocks  numbered  one  hun¬ 
dred  ninety-eight  (198)  and  two  hundred  fourteen  (21?),  for  the  pur¬ 
pose  of  constructing,  using  and  maintaining  a  railway  sidetrack  to 
connect  the  shops,  works  and  yards  of  said  Gisholt  Machine  Company 
with  the  track  of  the  said  railway  company. 

Section  2.  This  ordinance  shall  be  in  force  and  effect  from  and 
after  its  passage  and  publication. 

Approved  November  22d,  1899. 

M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  20th  day  of  Novem¬ 
ber,  1899. 

O.  S.  NORSMAN, 

(Ordinance  No.  1210.)  City  Clerk. 


Ax  Ordinance  concerning  the  Milwaukee  &  Mississippi  Railroad. 

*Be  it  ordained  by  the  president  and  board  of  trustees  of  the  village 
of  Madison: 

Section  1.  That  permission  is  hereby  granted  to  the  Milwaukee  & 
Mississippi  Company  to  introduce  their  road  into  the  corporate  vil¬ 
lage  of  Madison,  on  the  line  of  either  of  Bedford,  Bassett,  or  Brown 
streets,  commencing  on  the  shore  of  the  Third  lake,  extending  the 
same  in  a  northwestern  direction  to  such  a  point  on  or  near  Wash¬ 
ington  avenue,  as  may  be  selected  for  depot  grounds,  thence  to  the 
shore  of  the  Fourth  lake,  and  along  said  shore  to  the  western  limits 
of  the  corporation,  crossing  all  streets  and  avenues  intersecting  with 
the  line  of  said  route,  and  to  occupy  so  much  of  said  streets  as  may 
be  necessary  for  the  purpose  of  constructing,  maintaining,  using  and 
occupying  a  single  or  double  track  through  the  same,  with  such  turn¬ 
outs,  turn-tables  and  branches  extending  to  adjoining  lands  as  may 
be  deemed  necessary  for  the  successful  use  and  occupation  of  said 
road. 

Provided  the  space  occupied  by  said  roads,  except  when  turn-outs, 


*See  record  book  of  village  of  Madison,  the  first  entry  of  which  is 
March  11,  1850,  and  the  last  entry  of  which  is  April  5,  1856. 


254 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


turn-tables  or  branches  occur,  does  not  exceed  twenty-two  feet  in 
width  of  the  center  of  said  streets. 

And  provided  said  work  be  so  constructed  that  carriages  and  ve¬ 
hicles  of  all  kinds  may  pass  along  either  side  of  said  road  so  selected, 
and  may  conveniently  cross  the  same  where  intersected  by  streets. 

And  provided  also  the  board  of  trustees  reserve  to  themselves  and 
successors  the  right  to  regulate  the  running  of  locomotives  on  said 
route  within  the  limits  of  said  village. 

Section  2.  Said  company  may  also  use  such  portion  of  Washington 
avenue  adjoining  their  depot  grounds,  not  exceeding  thirty  rods  in 
length  by  four  in  breadth,  as  may  be  necessary  to  accommodate  these 
turn-tables,  turn-outs,  and  other  fixtures  appertaining  to  the  same. 

Provided  the  same  is  so  constructed  as  not  to  interfere  with  Ihe  ordi¬ 
nary  travel  and  use  of  said  avenue  as  little  as  possible. 

And  provided  further  that,  no  buildings  of  any  description  shall  be 
erected  on  said  avenue. 

Section  3.  Said  company  may  run  their  trains  by  locomotives 
within  the  limits  before  described  herein,  at  a  speed  not  exceeding 
five  miles  per  hour,  subject  to  such  ordinances  as  may  from  time  to 
lime  be  passed  by  the  president  and  trustee  of  said  village,  regulating 
speed  and  motive  power  within  said  village. 

Section  4.  The  provisions  granted  to  use  said  streets  and  avenues 
for  the  purpose  aforesaid  shall  continue  as  long  as  the  same  shall  be 
used  and  occupied  for  the  purpose  contemplated  by  the  ordinance. 

Attest:  GIRARD  RICHARDSON, 

Clerk  Pro  Tern. 

Feb.  15,-9—28. 

Published  in  Daily  Argus  and  Democrat,  February  16,  17,  18,  and 
19,  1853. 


Resolutions  Adopted  September  4,  1880. 

Resolved,  That  the  right  of  way  be  and  the  same  is  hereby  granted, 
and  permission  given  to  the  Milwaukee  &  Madison  Railway  Company,, 
its  successors  and  assigns,  to  construct  a  railroad  from  the  present 
depot  of  the  Chicago  &  Northwestern  Railway  Company,  or  from  a 
junction  of  the  track  of  the  latter  company  at  any  point  northeast 
of  the  depot,  thence  along  Clymer  street  northeasterly  to  the  city 
limits,  and  to  cross  or  extend  along  any  intervening  street,  according 
to  the  line  now  surveyed  and  staked  out  by  said  Milwaukee  &  Madison 
Railway  Company. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


255 


Resolved,  That  the  right  of  way  be  and  the  same  is  hereby  granted, 
and  permission  given,  to  the  Chicago  &  Northwestern  Railway  Company 
to  construct  and  operate  a  side  track  from  its  present  track  thence 
to  and  across  Blair  street,  to  and  along  block  126,  on  lake  front. 


An  Ordinance  to  grant  the  right  of  way  to  the  Milwaukee  &  St.  Paul 
Railroad  Company  over  and  across  streets. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  That  the  right  of  way  be  and  the  same  is  hereby  granted 
to  the  Milwaukee  &  St.  Paul  Railroad  Company  along  or  across  any 
or  all  streets  or  alleys  in  said  city  on  the  line  which  has  been  located 
by  said  company  in  extending  the  so-called  Sun  Prairie  branch  of 
their  road  from  Sun  Prairie  to  the  depot  on  the  Prairie  du  Chien 
division  of  said  company  in  the  city  of  Madison,  and  they  are  hereby 
authorized  to  use  any  and  all  streets,  alleys  or  public  places,  including 
the  shores  of  “Third  Lake”  below  low  water  mark,  for  the  purpose 
of  constructing  single  or  double  tracks  of  railway  from  and  to  such 
points  as  have  been  adopted,  and  to  use  said  streets,  alleys,  public 
places  and  lake  for  any  and  all  purposes  necessary  for  the  proper 
construction  and  use  of  said  railway,  but  said  streets  shall  not  be 
so  used  or  left  by  said  company  as  to  unnecessarily  obstruct  the  use 
of  the  same  for  ordinary  purposes,  and  the  said  company  shall  con¬ 
struct  culverts  for  the  accommodation  of  the  Fire  Department  on 
such  streets  and  in  such  manner  as  the  Chief  Engineer  in  the  Fire 
Department  shall  direct. 

Section  2.  The  city  of  Madison  hereby  relinquishes  all  claim  for 
damages  for  the  right  of  way  herein  granted  and'  all  compensation 
for  the  use  of  the  streets,  alleys,  public  places  and  lake  for  the  purposes 
herein  specified. 

Section  3.  The  said  railroad  company  shall  put  up  or  cause  to  be 
put  up  large  sign-boards  at  all  places  wherever  the  track  crosses  any 
street,  bearing  on  both  sides  of  said  boards  in  large  letters  “Look 
out  for  the  cars,”  and  before  crossing  and  while  running  along  upon 
any  street  in  this  city  they  shall  cause  the  bell  on  the  engine,  to  be 
rung,  and  their  trains  shall  not  go  faster  until  they  have  passed  all 
traveled  streets  than  at  the  rate  of  six  miles  per  hour. 

Section  4.  All  street  crossings,  including  the  one  on  Hamilton 
street  leading  into  the  lake,  shall  be  constructed  and  maintained  at  the 


expense  of  the  said  railroad  company  in  a  manner  acceptable  to  the 
common  council. 

Section  5.  The  city  herein  reserves  the  right  to  regulate  the  run¬ 
ning  of  trains  and  to  enact  such  other  regulations  in  relation  to  the 
said  road  as  the  interest  of  the  city  may  require. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


DAVID  ATWOOD, 


Mayor. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  6th  day  of  Novem¬ 


ber,  1868. 

(Ordinance  No.  397.) 


JOHN  CORSCOT, 

City  Clerk. 


An  Ordinance  to  grant  the  right  of  way  to  the  Milwaukee  &  St.  Paul 
Railway  Company  across  East  and  West  Canal  streets,  in  the  city 
of  Madison. 

The  common  council  of  the  city  of  Maclison  do  ordain  as  follows: 

Section  1.  That  wherever  the  Milwaukee  &  St.  Paul  Railway  Com¬ 
pany  shall  relinquish  to  the  city  of  Madison  all  that  certain  piece 
of  land  known  as  block  269  in  the  city  of  Madison  (except  the  right  to 
use  it  for  the  construction  and  operation  of  its  railroad  track)  and  shall 
remove  from  said  block  269  the  building  known  as  “East  Madison 
Depot,”  the  said  railroad  company  shall  be  and  hereby  is  authorized  to 
occupy  and  use  East  and  West  Canal  streets  between  the  present  line  of 
said  railroad  and  Wilson  street. 

Section  2.  The  city  of  Madison  hereby  relinquishes  all  claims  for 
damages  for  the  right  herein  granted,  and  all  compensation  for  the 
use  of  said  streets. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 


J.  B.  BOWEN, 


Mayor. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  2nd  day  of  Septem¬ 
ber,  1871. 


JOHN  CORSCOT, 

City  Clerk. 


(Ordinance  No.  558.) 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


257 


STREET  RAILWAY  FRANCHISES. 


Ax  Ordinance  confirming  certain  rights  and  privileges  to  the  Madison 
City  Railway  Company,  and  relating  to  and  extending  the  time  for 
constructing  certain  parts  of  the  line,  and  amendatory  of  an  ordi¬ 
nance  entitled,  “An  ordinance  conferring  certain  rights  and  priv¬ 
ileges  upon  the  Madison  Street  Railway  Company.” 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  All  authority,  permission,  rights,  privileges  and  fran¬ 
chises  granted  to,  or  conferred  upon,  the  Madison  Street  Railway  Com¬ 
pany  by  an  ordinance  entitled,  “An  ordinance  conferring  certain  rights 
and  priviliges  upon  the  Madison  Street  Railway  Company,”  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  8th  day  of  March, 
A.  D.  1884,  are  hereby  confirmed  and  assured  to  the  Madison  City 
Railroad  Company,  and  its  acquisition  thereof  is  hereby  ratified  and 
confirmed,  provided,  however,  that  no  action  or  right  of  action  thet 
the  city  of  Madison  may  have  against  the  Madison  Street  Railway 
Company,  or  its  stockholders,  shall  in  any  way  be  affected  by  this 
ordinance. 

Slction  2.  The  time  for  constructing  and  having  in  operation  the 
line  of  the  railway  extending  from  Capitol  park  to  Few  street,  in  the 
second  ward,  as  provided  in  Section  1,  of  said  ordinance,  is  hereby  en¬ 
larged  and  extended  to  and  until  the  first  day  of  November,  1880, 
and  the  said  Marlison  City  Railway  Company  is  hereby  granted  the 
exclusive  right,  privileges  and  franchises  of  construction  and  having 
in  operation  the  said  line  on  or  before  the  said  1st  day  of  November, 
1889,  and  thereafter  maintaining  and  operating  the  same  for  the  period 
of  tune  mentioned  in  said  ordinance;  provided,  that  in  case  of  failure 
to  comply  with  this  section  all  the  aforesaid  authority,  permission, 
rights  and  franchises  shall  be  forfeited  and  revoked  at  the  option  of 
said  city. 

Section  3.  The  said  Madison  City  Railway  Company  is  hereby 
released  from  the  duty  and  obligation  to  construct,  maintain,  or 
operate  a  line  of  railway  extending  from  the  present  western  terminus 

17 


25S 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


of  its  line  at  Mills  street  to  the  State  Fair  grounds,  as  imposed  by  the 
aforesaid  ordinance;  provided,  however,  that  it  shall  be  the  duty  of 
said  company  to  construct,  maintain  and  operate  a  line  from  its  said 
present  western  terminus  to  said  Fair  grounds,  whenever  required 
by  said  city,  upon  ninety  days’  written  notice,  and  that  said  company 
shall  have  the  right  and  privilege  to  construct,  maintain  and  operate 
a  railway  line  in,  upon  and  along  the  streets  of  said  city,  as  provided 
in  the  aforesaid  ordinance;  in  case  said  company  shall  fail  to  comply 
with  any  provision  of  this  section,  all  the  aforesaid  authority,  rights, 
privileges  and  franchises  shall  he  forfeited  and  revoked  at  the  option 
of  said  city. 

Section  4.  The  said  ordinance  passed  by  the  common  council  of 
said  city  on  the  8th  day  of  March,  A.  D.  1884,  shall  continue  in  full 
force  and  effect  except  in  so  far  as  the  same  is  modified  and  amended 
by  this  ordinance? 

Approved  February  26,  1889. 

M.  R.  DOYON, 

Mayor. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  26th  day  of  Feb., 
1889. 


(Ordinance  No.  957.) 


JOHN  CORSCOT, 

City  Clerk. 


An  Ordinance  granting  the  use  of  the  streets  and  bridges  for  the  oper¬ 
ation  of  an  electric  railway  to  the  Madison  City  Railway  Company. 
The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  Be  it  ordained  and  enacted  by  the  council  of  the  city 
of  Madison  assembled,  and  it  is  hereby  ordained,  that  permission  is 
hereby  granted  to  the  Madison  City  Railway  Company,  its  successors 
and  assigns,  to  enter  upon  and  to  construct,  maintain  and  operate  a 
single  or  double  track  railway,  with  the  necessary  turnouts  and 
switches,  upon  the  streets,  highways  and  bridges  in  said  city,  upon 
the  express  condition  that  the  said  company  shall  construct  and  have 
in  operation  within  four  months  a  line  of  railway  extending  from  the 
university  buildings  via  University  avenue,  Park  street,  State  street, 
Carroll  street,  Main  street,  King  street,  Wilson  street,  Blair  street. 
Williamson  street,  Jenifer  street,  lo  Baldwin  street,  and  also  a  line 
from  the  junction  of  Bedford  street  and  Main  street  on  Main  street 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


259 


via  Carroll  street,  Mifflin  street,  Hamilton  street,  Johnson  street,  to 
Baldwin  street,  subject  to  all  general  provisions  of  statute  law  now 
in  force  and  applicable  thereto,  and  to  such  reasonable  rules  and 
regulations  respecting  such  streets  and  highways  and  operation  of 
cars  as  the  said  council  may  from  time  to  time  enact. 

Section  2.  Said  Madison  City  Railway  Company,  its  successors  and 
assigns,  are  hereby  granted  the  right  to  use,  upon  the  whole  or  any 
portion  of  its  tra'cks,  as  the  same  are  now  or  may  hereafter  be  author¬ 
ized  and  constructed,  electricity  as  a  motive  power  supplied  to  the 
cars  by  means  of  a  single  overhead  trolley-wire,  the  electrical  circuit 
being  completed  by  the  rails  of  the  road,  suitably  connected  at  their 
ends,  or  connected  with  a  supplementary  ground  wire.  And  for  this 
purpose  said  company,  its  successors  and  assigns,  are  hereby  expressly 
authorized  and  empowered  to  lay  and  connect  said  ground  circuit 
as  aforesaid,  and  to  erect  and  maintain,  in  and  along  any  and  all  of  the 
public  streets  and  highways  upon  which  the  tracks  of  said  company 
are  hereby  or  may  in  the  future  be,  authorized  and  constructed,  such 
posts,  brackets,  wires  and  fixtures  as  may  be  required  to  support  and 
maintain  the  overhead  trolley-wire.  For  such  support  and  mainte¬ 
nance,  either  horizontal  cross-wires  extending  across  the  street,  or 
bracket  arms  projecting  over  the  track,  as  said  company  may  deem 
more  suitable,  may  be  employed.  All  posts  or  poles  used  in  such  con¬ 
struction  shall  be  number  one  selected  cedar,  twenty-eight  (28)  feet 
in  length  with  not  less  than  seven  (7)  inch  tops,  excepting  that  on 
the  streets  around  the  Capitol  building,  and  within  a  radius  of  one- 
fourth  of  a  mile  therefrom,  they  shall  be  ornamental  iron  poles. 

In  all  cases  of  single  track  construction  the  poles  shall  be  placed 
in  or  adjacent  to  the  iine  of  the  curb  of  the  sidewalk,  or  otherwise 
in  such  manner  as  not  unreasonably  to  impede  public  travel,  and  set 
at  least  six  feet  in  the  ground ;  and  in  all  cases  of  double  track  con¬ 
struction  where  the  tracks  are  at  least  six  feet  apart,  the  poles  shall 
be  placed  in  the  street  between  such  double  tracks  and  set  at  such 
a  depth  in  the  ground  as  to  make  their  support  substantial  and  ade¬ 
quate.  All  poles  shall  be  kept  painted,  those  of  wood  the  first  six 
feet  next  to  the  ground  line  to  be  black  and  the  balance  white,  and 
those  of  iron  shall  be  all  black,  or  such  colors  as  the  council  may 
determine;  and  the  cross  wires,  or  brackets,  as  the  case  may  be,  for 
the  support  of  the  trolley-wire,  shall  be  attached  to  said  poles  at 
such  height  as  to  maintain  said  trolley-wire  at  every  point  not  less 
than  eighteen  (18)  feet  abo\e  the  surface  of  the  street.  All  such 
posts,  brackets,  wires  and  fixtures  shall  be  maintained  by  said  com¬ 
pany  at  all  times  in  good  order  and  condition. 


260 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Animal,  or  other  motive  power,  except  steam,  may  be  used,  jointly 
with  electrical  power,  in  the  general  operation  of  said  railway,  dur¬ 
ing  such  time  or  times  as  the  operation  thereof  by  electricity  shall  be 
interrupted  or  suspended  by  reason  of  accident  to  the  electrical  equip¬ 
ment,  such  animal  or  other  power  alone  may  be  employed  in  the  pro¬ 
pulsion  of  cars  over  the  whole  or  any  portion  of  the  company’s  tracks. 

Section  3.  The  authority  and  permission  herein  granted,  are  subject 
to  the  following  terms  and  restrictions: 

(A)  The  track  shall  be  of  the  standard  gauge,  four  feet  and  eight 
and  one-half  inches,  and  within  a  radius  of  one  and  one-quarter  miles 
from  the  center  of  the  Capitol  park,  shall  be  constructed  with  “T” 
rail  of  fifty  pounds  to  the  yard,  laid  on  ties  six  by  eight  inches,  placed 
two  feet  apart  from  centers,  in  a  good  and  substantial  manner,  upon 
or  as  near  the  middle  of  the  streets  as  may  be  practicable,  so  as  to 
obviate  as  far  as  possible  any  obstruction  or  hindrance  to  other  proper 
use  of  said  streets  and  bridges;  and  outside  of  said  limit  of  one  and 
one-quarter  miles  the  weight  of  “T”  rail  shall  not  be  less  than  35 
pounds  to  the  yard,  laid  on  ties  two  feet  apart  from  centers.  The 
cars  to  be  run  orf  said  railway,  and  other  equipments,  shall  be  of  the 
best  class  and  style  in  use  in  such  railways.  And  the  roadbed  shall 
at  all  times  correspond  with  the  actual  grade  of  the  street  and  shall 
be  so  laid  and  maintained  that  carriages  and  other  vehicles  can  easily 
and  freely  cross  said  track  at  any  and  all  points.  When  snow  shall 
be  thrown  from  the  railway  tracks  it  shall  be  leveled  or  disposed 
of  by  said  company  so  as  not.  to  be  an  obstruction  to  travel  on  the 
street.  And  said  company  shall  keep  the  space  between  the  rails  of 
each  track  and  for  the  space  of  one  feet  on  the  outside  in  proper  repair 
so  as  not  to  interfere  with  travel  over  the  same,  and  shall  keep  the 
same  in  proper  order  and  cleanliness  at  its  own  cost  and  expense. 

(B)  It  shall  be  the  duty  of  said  company  to  repair  any  and  all 
damages  done  to  the  streets,  macadamizing,  curbs,  cross  or  sidewalks, 
gutters  or  other  public  or  private  property  by  the  construction  or  repair¬ 
ing  of  the  tracks  along  the  streets  as  herein  provided  for;  and  further, 
to  protect  and  save  harmless  the  city  of  Madison  against  all  claims 
tor  damages  arising  from  the  construction,  operation  or  management 
of  the  railway  provided  for  herein. 

(C)  The  city  reserves  the  power  to  impose  a  license  fee  not  to  exceed 
five  ($5)  dollars  per  year  for  each  motor  car  actually  run  at  the 
expiration  of  five  years  after  the  passage  of  this  ordinance. 

»  (D)  The  rate  of  fare  shall  be  live  (5)  cents  for  one  continuous  ride 

in  any  one  direction,  and  the  said  company,  its  sucessors  and  assigns, 
shall  in  no  case  charge  or  collect  from  any  passenger  more  than  five 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


261 


(5)  cents  for  one  continuous  ride  between  any  two  points  within  the 
city  limits;  said  continuous  ride  shall  include  transfer  at  junction 
points,  provided  the  passengers  so  transferred  shall  take  the  first  car 
leaving  after  their  arrival  in  the  direction  in  which  they  may  wish 
to  go.  This  section  is  not  to  be  construed  to  include  a  round  trip,  but 
merely  a  single  trip  from  one  point  to  another  by  the  shortest  and 
most  direct  route. 

(E)  The  city  shall  not  be  liable  to  said  company  for  any  damage 
that  may  be  occasioned  by  the  breakage  of  any  gas  or  water  pipes 
or  other  defects  in  its  streets  or  highways,  or  from  any  delays  that 
may  be  occasioned  by  the  construction  of  sewers,  laying  of  wafer  or 
gas  pipes  or  electric  wires  or  the  necessary  repairing  of  the  same, 
or  from  the  improvement  or  repairing  of  any  street.  The  city  further 
reserves  to  itself  and  to  all  persons  lawfully  authorized  to  do  such 
work  in  its  streets  the  right  to  take  up  and  remove  the  rails  and 
structure  of  said  road  whenever  it  shall  be  necessary  for  the  repairs 
or  improvements  of  the  streets  or  for  laying  water  or  gas  pipes  or 
sewers  or  electric  wires,  or  for  other  public  purposes  on  the  streets 
on  which  such  rails  may  be  laid;  and  such  repairs,  improvements 
or  works  shall  be  made  by  the  city  or  persons  thereto  authorized 
without  unnecessary  delay,  and  doing  no  unnecessary  damage  to  said 
track,  and  upon  the  change  or  alteration  of  any  grade,  the  said  com¬ 
pany,  its  successors  or  assigns,  shall  at  its  own  cost  or  expense, 
promptly  raise  or  lower  its  track  or  tracks  so  as  to  conform  to  such 
grade,  as  changed. 

(F)  Said  city  railway  shall  be  used  exclusively  as  a  passenger  rail¬ 
way,  except  that  passengers  thereon  may,  without  extra  charge, 
carry  a  reasonable  amount  of  hand  luggage,  and  said  company  may 
transport  thereon  all  materials  for  the  construction  of  its  road. 

(G)  The  rights  and  privileges  herein  granted  shall  be  for  a  period 
of  forty  years  from  the  passage  of  this  ordinance, — the  first  twenty 
years  of  which  shall  be  exclusive, — provided,  however,  that  the  com¬ 
mon  council  may  at  any  time  designate  any  other  line  of  railway  in 
said  city  as  a  line  demanded  by  the  public  necessities.  And  in  case 
said  company,  being  notified  of  such  designation,  shall  not  within  such 
reasonable  time  as  shall  be  fixed  by  the  common  council  construct 
and  put  in  operation  surdi  line,  then  the  common  council  may  grant 
to  any  other  company  or  person  the  exclusive  right  to  construct  and 
operate  a  street  railway  in  the  street  or  streets  forming  the  line  so 
designated,  but  the  said  city  shall  not  require  the  railway  company 
or  grant  to  any  other  company  or  person  the  right  to  build  and  equip 
a  railway  that  may  run  parallel  within  twelve  hundred  (1,200)  feet 


262 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


of  its  line  or  lines  which  it  now  has  or  may  hereafter  construct  for 
the  purpose  of  carrying  passengers. 

(H)  When  it  shall  be  necessary  for  any  person  or  persons  to  move 
across  any  of  the  streets  or  alleys  occupied  by  said  company,  its  suc¬ 
cessors  or  assigns,  any  house  or  other  buildings  of  such  height  or 
size  as  to  interfere  with  any  of  the  poles  or  wires  of  said  company, 
its  successors  or  assigns,  erected  or  maintained  under  this  ordinance, 
the  said  company,  its  successors  or  assigns,  shall,  upon  receiving  at 
least  twenty-four  (24)  hours’  notice  in  writing  thereof,  and  at  the 
expense  of  the  owner  of  such  building,  temporarily  remove  its  poles 
and  wires  so  far  as  necessary  to  allow  the  passage  of  such  house  or 
other  buildings  for  a  reasonable  period  of  time,  not  exceeding  five  (5) 
hours,  and  the  said  company,  its  successors  or  assigns,  shall  be 
liable  for  any  damages  caused  by  its  failure  to  comply  with  this  pro¬ 
vision;  provided,  that  said  company  shall  not.  be  required  to  keep  its 
poles  and  wires  out  of  their  normal  position  at  any  time  or  times 
other  than  between  the  hours  of  twelve  (12)  o’clock  midnight  and 
five  (5)  o’clock  a.  m.,  and  provided  further  that  the  route  selected  for 
removing  such  house  or  other  building  shall  first  be  approved  by  the 
city  engineer. 

Section  4.  Should  said  railway  company  neglect  or  refuse  to  com¬ 
ply  with  the  provisions  of  this  ordinance,  or  with  any  regulation  im¬ 
posed  by  the  council,  under  the  powers  herein  reserved,  said  company 
shall  be  liable  to  a  fine  or  penalty  not  exceeding  fifty  ($50)  dollars  for 
any  one  offense,  to  be  recovered  by  action  as  other  penalties  for  vio¬ 
lation  of  an  ordinance,  but  the  provisions  of  this  section  shall  not 
apply  to  the  forfeitures  under  section  one  hereof. 

Section  5.  The  cars  of  said  company  shall  be  entitled  to  the  track, 
and  in  all  cases  where  any  team  or  vehicle  shall  meet  or  be  overtaken 
by  any  car,  such  team  or  vehicle  shall  give  way  to  such  car;  nor 
shall  any  person  wilfully  obstruct,  hinder  or  interfere  with  any  of 
such  railway  cars  by  placing,  driving  or  stopping  any  teams,  vehicle 
or  other  obstacle  in,  upon  or  near  the  track  of  said  railway  after 
being  notified  by  ringing  the  car  bell,  or  otherwise,  and  whoever  shall 
Wilfully  violate  any  of  the  provisions  of  this  section  shall  upon  con¬ 
viction  thereof  be  punished  by  a  fine  not  exceeding  ten  (10)  dollars 
and  may  be  imprisoned  in  the  county  jail  until  said  fine  is  paid,  not 
exceeding  thrty  days. 

Section  6.  This  ordinance  shall  be  void  and  all  rights  granted  here¬ 
under  shall  cease  and  be  of  no  effect  unless  said  company  shall  file 
a  written  acceptance  of  the  same  with  the  city  clerk  within  sixty  days 
from  the  passage  hereof. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


263 


Section  7.  All  ordinances  or  portions  thereof  heretofore  adopted 
which  conflict  with  the  provisions  of  this  ordinance  are  hereby  re¬ 
pealed. 

Section  8.  This  ordinance  shall  take  effect  upon  its  passage  and 
publication. 

Approved  June  10th,  A.  D.  1892. 

Wm.  H.  ROGERS, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  Wisconsin,  on  the  10th 
day  of  June,  A.  D.  1892. 

O.  S.  NORSMAN, 

(Ordinance  No.  1038.)  City  Clerk. 


An  Ordinance  regulating  the  construction  and  location  of  street 
railways  on  certain  portions  of  Main  street,  Carroll  street,  and 
Mifflin  street,  in  the  city  of  Madison,  and  the  intersections  thereof 
at  the  east,  south,  and  west  corners  of  the  Capitol  park  of  the 
city  of  Madison. 

Whereas,  The  city  of  Madison  has  heretofore  decided  that  it  was 
necessary  to  improve  that  portion  of  Main  street,  Carroll  street,  and 
Mifflin  street  fronting  on  the  Capitol  park  in  said  city,  to-wit:  Main 
street  from  Carroll  street  to  Pinckney  street,  together  with  the  street 
intersections;  Carroll  street  from  Main  street  to  Mifflin  street,  with 
the  stieet  intersections;  Mifffln  street  from  Carroll  street  to  Pinckney 
street,  with  the  street  intersections;  and, 

Whereas,  The  Madison  City  Railway  Company  occupies  with  double 
tracks  the  central  portions  of  the  traveled  parts  of  said  streets;  and 
Whereas,  In  addition  to  the  said  contemplated  improvement,  the 
state  of  Wisconsin  proposes  to  "similarly  improve  for  street  purposes, 
and  add  to  the  said  portions  of  said  streets,  a  strip  of  land  thirteen 
and  one-half  feet  in  width,  making  it  for  all  purposes  a  portion  of 
said  streets;  and 

Whereas,  The  portions  of  said  streets  between  the  outer  rail  of 
said  street  railway  and  the  gutter  on  the  business  side  of  said  streets 
is  so  narrow  that  teams  pass  with  difficulty  and  danger,  and  that  teams 
loaded  with  coal,  wood,  and  merchandise  can  only  unload  by  unhitch¬ 
ing,  and  with  difficulty  and  danger;  and 


2(34 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Whereas,  Tlie  said  tracks  otherwise  obstruct  and  interfere  with  the 
proper  use  of  said  streets;  and 

Whereas,  The  present  grade  of  the  roadbed  of  said  streets  will  not 
correspond  with  the  grade  of  the  work  as  ordered;  and 

Whereas,  The  roadbed  as  now  constructed  would  not  at  all  be  in 
keeping  with  or  correspond  wfth  the  remainder  of  said  street  when 
improved  as  ordered,  and  the  present  roadbed  and  rails  now  in  use 
on  said  portions  of  said  streets  would  be  injurious  to  and  destructive 
of  the  asphalt  improvement  on  said  portions  of  said  streets; 

Now,  Therefore,  The  common  council  of  the  city  of  Madison  do 
ordain: 

Section  1.  One  of  the  tracks  of  the  street  railway  company  on 
Main  street  from  Carroll  street  to  Pinckney  street,  and  on  Carroll 
street  to  Mifflin  street,  and  on  Mifflin  street  from  Carroll  street  to 
Pinckney  street  shall  be  so  located  that  the  central  line  of  said  track, 
except  at  the  corners,  shall  be  forty-seven  (47)  feet,  and  the  central 
line  of  the  other  of  said  track  shall  be  fifty-eight  (58)  feet  from 
the  private  property  lines  along  said  portions  of  said  streets;  and 
the  curves  at  the  intersection  of  said  portion  of  Main  street  with 
Pinckney  and  King  streets,  and  at  the  intersection  of  Main  street 
with  Carroll  and  Hamilton  streets,  and  at  the  intersection  of  Carroll, 
State  and  Mifflin  streets,  and  at  the  intersection  of  Mifflin,  Pinckney, 
and  HamiPon  streets,  at  the  east,  south,  west,  and  north  corners  of 
the  Capitol  park  respectively,  shall  be  so  located  as  in  the  judg¬ 
ment  of  the  Street  Assessment  committee  of  said  city  shall  best  serve 
to  connect  the  portions  of  said  street  railway  on  said  portions  of  said 
street  with  the  continuations  of  said  railway.  The  track  on  said 
portions  of  said  street  shall  be  constructed  with  grooved  rails  of 
standard,  approved  pattern,  not  less  than  six  (6)  inches  in  height  and 
weighing  not  less  than  seventy  (70)  pounds  per  yard,  connected  by 
the  Falk  cast  or  other  standard  cast  joints.  The  ties  on  said  portions 
of  said  streets  shall  be  six  (0)  inches  by  eight  (8)  inches  by  seven 
(7)  feet,  placed  two  (2)  feet  from  center  to  center,  and  each  tie  shall 
be  thoroughly  bedded  upon  a  bed  of  concrete  six  (6)  inches  deep 
by  sixteen  (16)  inches  wide  by  seven  (7)  feet  six  (6)  inches  long, 
the  center  line  of  which  is  to  be  coincident  with  the  center  lines 
of  the  ties.  All  filling  around  the  ties  shall  be  concrete.  The  old 
roadbed  shall  be  brought  to  grade  by  the  company  owning  the  rail¬ 
way  on  said  portions  of  said  streets  so  far  as  practicable  with  the 
macadam  excavated  in  laying  the  said  tracks,  as  herein  provided  for. 

Section  2.  Work  on  the  laying  of  the  tracks  and  the  construction 


2(35 


FRANCHISES  GRANTED  BY  THE 


CITY  OF 


MADISON. 


of  the  roadbed  as  herein  provided  for  shall  first  be  done  on  said  por¬ 
tions  of  Main  street  and  shall  be  commenced  at  the  intersection  of 
Main  and  Pinckney  streets  on  or  before  the  first  day  of  May,  1900, 
and  shall  thereafter  be  continued  with  all  convenient  speed  until  com¬ 
pleted. 

Section  3.  Should  said  railway  company  neglect  or  refuse  to  com¬ 
ply  with  the  provisions  of  this  ordinance,  said  company  shall  be  liable 
to  a  fine  or  penalty  not  exceeding  fifty  (50)  dollars  for  any  one  offense, 
to  be  recovered  by  action  as  other  penalties  for  violation  of  any  ordi¬ 
nance,  and  each  day  that  said  company  neglects  or  refuses  or  delays 
said  work  after  the  time  herein  specified  shall  constitute  a  separate 
olfense. 

Section  4.  All  parts  of  the  ordinance  number  1038,  approved  June 
10,  A.  D.  1892,  and  other  ordinances  relating  to  the  construction  of 
street  railways  inconsistent  herewith,  are  hereby  repealed. 

Section  5.  This  ordinance  shall  be  of  force  and  effect  from  and 
after  its  passage  and  publication. 

Approved  the  12th  day  of  March,  1900. 

M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  Wisconsin,  on  the  9th  day 
of  March,  A.  D.  1900. 

O.  S.  NORSMAN, 

(Ordinance  No.  1217.)  City  Clerk. 


An  Ordinance  conferring  certain  rights  and  privileges  upon  ihe  Madi¬ 
son  Street  Railway  Company. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  Authority  and  permission  is  hereby  granted  to  the 
Madison  Street  Railway  company  to  lay  and  maintain  a  single  or 
double  track  for  a  street  railway  in,  over,  and  upon  the  streets  and 
bridges  of  this  city  and  run  cars  thereon,  propelled  by  any  power 
other  than  locomotive  steam  engines,  not  constituting  a  public  nui¬ 
sance,  with  all  the  necessary  switches,  curves,  turnouts  and  other  ap¬ 
pliances  and  conveniences,  upon  the  express  condition  that  the  said 
company  shall  construct  and  have  in  operation  within  this  city  a  line 
of  railway  extending  from  the  state  fair  grounds  to  the  East  Madison 
railroad  depots,  on  or  before  November  1st,  A.  D.  1885;  to  Breariy 


266 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


street  in  the  Third  ward  on  or  before  November  1st,  A.  D.  1887,  and 
from  Capitol  park  to  Few  street  in  the  second  ward,  on  or  before  No¬ 
vember  1st,  A.  D.  1888,  and  shall  thereafter  at  all  times  during  the  con¬ 
tinuance  of  this  license  maintain  and  operate  the  same.  The  authority 
hereby  granted  shall,  subject  to  the  conditions  and  limitations  in  this 
ordinance  contained,  be  exclusive  for  the  period  of  twenty-five  years 
from  the  passage  of  this  ordinance.  Provided,  however,  that  the  com¬ 
mon  council  may  at  any  time  designate  any  other  line  of  railway  in 
said  city  as  a  line  demanded  by  the  public  necessities,  and  in  case  said 
company,  upon  being  notified  of  such  designation,  shall  not  within 
such  reasonable  time  as  shall  be  fixed  by  the  common  council,  con¬ 
struct  and  put  in  operation  such  line,  then  the  common  council  may 
grant  to  any  other  company  or  person  the  exclusive  right  to  construct 
and  operate  a  street  railway  in  the  street  or  streets  forming  the  line 
so  designated.  And  in  case  the  said  company  shall  fail  or  neglect 
to  construct,  complete  and  thereafter  to  operate  the  several  lines  of 
railway  in  this  section  designated  and  required  to  be  built  over  the 
routes  and  within  the  times  in  said  section  provided,  said  company 
•shall  forfeit  all  rights,  privileges  ancl  franchises  under  this  ordinance 
and  the  same  shall  be  null  and  void  and  of  no  effect. 

Section  2.  Said  railway  shall  be  constructed  in  a  good  and  sub¬ 
stantial  manner  and  in  accordance  with  approved  plans  for  the  con¬ 
struction  of  such  roads,  and  so  as  to  obviate  as  far  as  possible  any 
obstruction  or  hindrance  to  other  proper  use  of  said  streets  and 
bridges  and  upon  or  as  near  the  middle  of  the  streets  as  may  be  prac¬ 
ticable,  and  the  cars  to  be  run  on  such  railway  and  the  other  equip¬ 
ment  shall  be  of  the  best  class  and  style  in  use  on  such  railways. 
And  the  roadbed  shall  at  all  times  correspond  with  the  actual  grade 
of  the  street  and  shall  be  so  laid  and  maintained  that  carriages  and 
other  vehicles  can  easily  and  freely  cross  said  track  at  any  and  all 
points,  and  in  any  and  all  directions  without  obstruction;  and  in 
case  the  common  council  shall  at  any  time  change  the  actual  grade 
of  any  street  on  which  their  tracks  are  laid,  said  company  shall  im¬ 
mediately  upon  the  completion  of  such  change,  relay  their  tracks  to 
correspond  to  such  grade.  When  snow  shall  be  thrown  from  the  rail¬ 
way  track  it  shall  be  leveled  or  disposed  of  by  said  company  so  as 
not  to  be  an  obstruction  to  travel  on  the  street.  And  said  company 
Ahall  keep  the  space  between  the  rails  and  for  the  distance  of  one 
foot  on  the  outer  side  of  the  rails  in  proper  repair  so  as  not  to  inter¬ 
fere  with  travel  over  the  same,  and  shall  keep  the  same  in  proper 
order  as  to  cleanliness  at  its  own  cost  and  expense. 

Section  8.  Whenever  any  street  upon  which  any  of  said  tracks  may 
be  located  shall  hereafter  be  paved  or  macadamized,  the  said  railway 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


267 


company  shall  pave  or  macadamize  the  roadbed  between  and  one  foot 
on  either  side  on  the  outside  of  the  rails  of  the  track  of  their  said 
road,  and  shall  at  all  times  make  and  keep  the  tracks  between  and 
one  foot  on  either  side  on  the  outside  of  the  rails  thereof  equally 
as  good  as  the  streets  shall  be  outside  of  their  tracks,  and  shall  cor¬ 
respond  in  surface  and  improvements  with  the  said  street  outside  of 
said  track.  And  it  shall  be  the  duty  of  said  company  to  repair  any 
and  all  damages  done  to  the  streets,  macadamizing,  curbs,  cross  or 
side  walks,  gutters  or  other  public  or  private  property  by  the  construc¬ 
tion  or  repairing  of  the  tracks  along  the  streets  as  herein  provided 
for,  and  further  to  protect  and  save  harmless  the  city  of  Madison 
against  all  claims,  for  damages  arising  from  the  construction,  opera¬ 
tion  or  management  of  tracks  or  roads  provided  for  herein. 

Section  4.  The  common  council  reserves  the  power  to  make  rea¬ 
sonable  regulations  respecting  the  speed  of  running,  and  the  manner 
of  running  and  stopping  the  cars  for  the  safety  and  convenience  of 
the  public,  and  respecting  the  frequency  of  running  cars;  and  also  the 
power  to  impose  a  license  fee  not  to  exceed  $5  per  year  for  each 
car  actually  run  after  the  expiration  of  ten  years  from  the  passage 
of  this  ordinance,  no  license  to  be  imposed  before  the  expiration  of 
the  said  ten  years;  and  to  limit  the  rate  of  fare  to  be  charged  but 
not  to  reduce  the  passenger  fare  below  five  cents  for  a  trip  over 
one  continuous  line  or  part  thereof.  The  said  city  of  Madison  shall 
not  be  liable  to  said  company  for  any  damage  that  may  be  occasioned 
by  the  breakage  of  any  gas  or  water  pipes  or'  other  defects  in  its 
streets  or  highways,  or  from  any  delays  that  may  be  occasioned  by 
the  construction  of  sewers,  laying  of  vnter  or  gas  pipes,  or  electric 
wires,  or  the  necessary  repairing  of  the  same,  or  from  the  improve¬ 
ment  or  repairing  of  any  street.  The  city  of  Madison  hereby  reserves 
to  itself  and  all  persons  lawfully  authorized  to  do  such  work  in  its 
streets,  the  right  to  take  up  and  remove  the  rails  and  structure  of 
said  road  whenever  it  shall  be  necessary  for  the  repairs  or  improve¬ 
ment  of  the  streets,  or  for  laying  water  or  gas  pipes  or  sewers  or 
electric  wires,  or  for  other  public  purposes  on  the  streets  on  which 
such  rails  may  be  laid,  and  such  repairs,  improvements  or  works  shall 
be  made  by  the  city  or  persons  thereto  authorized,  without  unneces¬ 
sary  delay,  and  doing  no  unnecessary  damage  to  said  track.  Said 
street  railway  shall  be  used  exclusively  as  a  passenger  road,  except 
that  passengers  thereon  may,  without  extra  charge,  carry  a  reasonable 
amount  of  hand  luggage,  and  said  company  may  transport  thereon  all 
materials  for  the  construction  of  its  road. 

Section  5.  Should  said  railway  company  neglect  or  refuse  to  com¬ 
ply  with  the  provisions  of  this  ordinance,  or  with  any  regulations  im,- 


268 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


posed  by  the  council,  under  the  powers  herein  reserved,  said  company 
shall  be  liable  to  a  fine  or  penalty  not  exceeding  fifty  dollars  for  any 
one  offense,  to  be  recovered  by  action  as  other  penalties  for  violation 
of  an  ordinance,  but  the  provisions  of  this  section  shall  not  apply 
to  the  forfeitures  under  section  one  hereof. 

Section  6.  The  cars  of  said  company  shall  be  entitled  to  the  track, 
and  in  all  cases  where  any  team  or  vehicle  shall  meet  or  be  over¬ 
taken  by  any  car,  such  team  or  vehicle  shall  give  way  to  such  car,  nor 
shall  any  person  wilfully  obstruct,  hinder  or  interfere  with  any  of 
such  railway  cars  by  placing,  driving  or  stopping  any  teams,  vehicle 
or  other  obstacle,  in,  upon  or  near  the  track  of  said  railway  after 
being  notified  by  ringing  of  the  car  bell,  or  otherwise.  And  whoever 
shall  wilfully  violate  any  of  the  provisions  of  this  section  shall  upon 
conviction  thereof,  be  punished  by  a  fine  not  exceeding  ten  dollars, 
and  may  be  imprisoned  in  the  county  jail  until  said  fine  is  paid,  not 
exceeding  thirty  days. 

Section  7.  This  ordinance  shall  be  void  and  all  rights  granted  here¬ 
under  shall  cease  and  be  of  no  effect  unless  said  company  shall  file 
a  written  acceptance  of  the  same  with  the  city  clerk  within  sixty 
days  from  the  passage  hereof. 

Section  8.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  first  passage  and  publication. 

JAMES  CONKLIN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  Wis.,  on  the  8th  day  of 
March,  A.  D.  1884. 

JOHN  CORSCOT, 

(Ordinance  No.  842.)  City  Clerk. 


An  Ordinance  granting  to  the  Madison  Electric  Railway  Company  per¬ 
mission  to  extend  its  double  track  on  Hamilton  street. 

The  common  council  of  the  city  of  Maclison  do  ordain: 

Section  1.  Subject  to  the  provisions  of  the  ordinance  granting  to 
the  Madison  City  Railway  Company  the  right  to  construct,  maintain 
and  operate  an  electric  street  railway  in  the  said  city  of  Madison, 
and  to  the  provisions  of  the  General  Pole  Ordinance,  so-called,  per¬ 
mission  is  hereby  granted  to  the  Madison  Electric  Railway  Company 
to  construct,  maintain  and  operate  a  double  track  for  such  street 
railway  purposes  along  North  Hamilton  street  from  its  intersection 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


209 


with  Pinckney  and  Mifflin  streets  to  its  intersection  with  Johnson 
street,  and  to  construct,  maintain  and  operate  a  switch  along  said 
Johnson  street  at  the  intersection  of  said  Johnson  and  Hamilton 
streets. 

Section  2.  All  provisions  of  said  ordinances  conflicting  with  the 
right  herein  granted  are  hereby  repealed. 

Section  3.  This  ordinance  snail  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  June  13th,  1899. 

M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  22d  day  of  May, 
1899. 

O.  S.  NORSMAN, 

(Ordinance  No.  1192.)  City  Clerk. 


An  Ordinance  regulating  the  construction  and  location  of  street  rail¬ 
ways  on  certain  portions  of  Main  street,  Carroll  street,  and  Mifflin 
street,  in  the  city  of  Madison,  and  the  intersections  thereof  at  the 
east,  south,  and  west  corners  of  the  Capitol  park  of  the  city  of 
Madison. 

Whereas,  The  city  of  Madison  has  heretofore  decided  that  it  was 
necessary  to  Improve  that  portion  of  Main  street,  Carroll  street  and 
Mifflin  street  fronting  on  the  Capitol  park  in  said  city,  to-wit:  Main 
street  from  Carroll  street  to  Pinckney  street,  together  with  the  street 
intersections;  Carroll  street  from  Main  street  to  Mifflin  street,  with  the 
street  intersections;  Mifflin  street  from  Carroll  street  to  Pinckney 
street,  with  the  street  intersections;  and 

Whereas,  The  Madison  Traction  Company  occupies  with  double 
tracks  the  central  portions  of  the  traveled  parts  of  said  streets;  and 
Whereas,  The  portions  of  said  streets  between  the  outer  rail  of 
said  street  railway  and  the  gutter  on  the  business  side  of  said  streets 
is  so  narrow  that  teams  pass  with  difficulty  and  danger,  and  that 
teams  loaded  with  coal,  -wood,  and  merchandise  can  only  unload  by 
unhitching,  and  with  difficulty  and  danger;  and 

Whereas,  The  said  tracks  otherwise  obstruct  and  interfere  with  the 
proper  use  of  said  streets;  and 


270 


FRANCHISES  GRANTED  BY  TIIE  CITY  OF  MADISON. 


Whereas,  The  present  grade  of  the  roadbed  of  said  streets  will  not 
correspond  with  the  grade  of  the  work  as  ordered;  and 

Whereas,  The  roadbed  as  now  constructed  would  not  at  all  be  in 
keeping  with  or  correspond  with  the  remainder  of  said  street  when 
improved  as  ordered,  and  the  present  roadbed  and  rails  now  in  use 
on  said  portions  of  said  streets  would  be  injurious  to  and  destructive 
of  the  asphalt  improvement  on  said  portions  of  said  streets; 

Now,  Therefore,  The  common  council  of  the  city  of  Madison  clo 
ordain: 

Section  1.  One  of  the  tracks  of  the  street  railway  company  on 
Main  street  from  Carroll  street  to  Pinckney  street,  and  on  Carroll 
street  from  Main  street  to  Mifflin  street;  and  on  Mifflin  street  from 
Carroll  street  to  Pinckney  street  shall  be  so  located  that  the  central 
line  of  said  track,  except  at  the  corners,  shall  be  forty-seven  (47) 
feet,  and  the  central  line  of  the  other  of  said  track  shall  be  fifty-eight 
(58)  feet  from  the  private  property  lines  along  said  portions  of  said 
streets;  and  the  curves  at  the  intersection  of  said  portion  of  Main 
street  with  Pinckney  and  King  streets,  and  at  the  intersection  of 
Main  street  with  Carroll  and  Hamilton  streets,  and  at  the  intersec¬ 
tion  of  Carroll,  State,  and  Mifflin  streets,  and  at  the  intersection  of 
Mifflin,  Pinckney,  and  Hamilton  streets,  at  the  east,  south,  west,  and 
north  corners  of  the  Capitol  park  respectively,  shall  be  so  located  as 
in  the  judgment  of  the  Street  'Assessment  committee  of  said  city 
shall  best  serve  to  connect  the  portions  of  said  street  railway  on  said 
portions  of  said  street  with  the  continuations  of  said  railway.  The- 
track  on  said  portions  of  said  streets  shall  be  constructed  with 
tee  rails  of  standard  approved  pattern  not  less  than  six  (6)  inches 
in  height  and  weighing  not  less  than  70  pounds  per  yard  connected 
by  the  Falk  cast  or  other  standard  cast  joint.  The  rails  shall  be  held 
to  gauge  by  means  of  three  (3)  inch  by  three  (8)  inch  by  5-16  inch 
angle  irons  spaced  every  eight  (8)  feet  and  securely  fastened  to  base 
of  rail. 

The  tracks  shall  be  brought  to  gra'de  with  wooden  ties  spaced  every 
eight  feet  alternating  with  the  angle  irons,  said  ties  to  be  not  less 
than  6  inches  by  8  inches  by  7  feet,  and  shall  be  securely  fastened  to 
rails. 

No  cars  shall  pass  over  the  track  until  the  concrete  under  rails 
and  ties  shall  have  been  allowed  to  set  for  at  least  seven  (7)  days. 

Section  2.  Work  on  the  laying  of  the  tracks  and  the  construction 
of  the  roadbed  as  herein  provided  for  shall  first  be  done  on  said  por¬ 
tions  of  Main  street  and  shall  be  commenced  at  the  intersection  of 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


271 


Main  and  Pinckney  streets  on  or  before  the  first  day  of  June,  1903, 
and  shall  thereafter  be  continued  with  all  convenient  speed  until  com¬ 
pleted. 

Section  3.  Should  said  railway  company  neglect  or  refuse  to  com¬ 
ply  with  the  provisions  of  this  ordinance,  said  company  shall  be 
liable  to  a  fine  or  penalty  not  exceeding  fifty  (50)  dollars  for  any  one 
offense,  to  be  recovered  by  action  as  other  penalties  for  violation  of 
any  ordinance,  and  each  day  that  said  company  neglects  or  refuses 
or  delays  said  work  after  the  time  herein  specified  shall  constitute 
a  separate  offense. 

Section  4.  This  ordinance  shall  be  in  force  and  effect  from  and 
after  its  passage  and  publication. 

Approved  the  11th  day  of  April,  1903. 

J.  W.  GROVES, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison  on  the  10th  day  of  April, 
A.  D.  1903. 

O.  S.  NORSMAN, 

City  Clerk. 


(Ordinance  No.  1281.) 


272 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


TELEGRAPH  AND  TELEPHONE 
FRANCHISES. 


An  Ordinance  authorizing  the  American  Telephone  and  Telegraph 
Company  of  Wisconsin  to  use  the  public  streets  of  the  city  of  Madi¬ 
son  for  the  purpose  of  placing  poles  and  electrical  conductors 
thereon. 

The  common  council  of  the  city  of  Madison  do  ordain: 

Section  1.  That  permission  he  and  the  same  is  hereby  granted  the 
American  Telephone  and  Telegraph  Company  of  Wisconsin,  its  sue 
cessors  and  assigns,  to  construct,  operate  and  maintain  its  lines  of 
telephone  and  telegraph,  including  the  necessary  conductors,  upon, 
over,  or  under  such  streets  and  highways  of  the  city  of  Madison  as 
its  business  may  from  time  to  time  require,  provided  that  all  poles 
or  other  means  of  carrying  or  conducting  wires  shall  he  of  the  mate¬ 
rial  and  description  and  shall  he  placed,  and  all  wires  or  other  elec¬ 
trical  conductors  shall  be  placed  and  strung,  strictly  in  accordance 
and  subject  to  all  the  provisions  of  the  amended  pole  ordinance  of 
said  city  as  adopted  on  the  24th  day  of  January,  1896,  it  h'eing  spe¬ 
cifically  understood  and  agreed  that  said  pole  ordinance  and  all  amend¬ 
ments  thereto  hereafter  adopted  shall  be  to  all  intents  and  purposes 
a  part  of  this  franchise  and  ordinance  as  if  fully  herein  set  forth. 

Section  2.  This  franchise  is  granted  with  the  understanding  and 
agreement  that  the  said  American  Telephone  and  Telegraph  company, 
its  successors  and  assigns,  shall  maintain  and  use  an  office  and  oper¬ 
ate  on  its  said  telephone  and  telegraph  lines  at  some  convenient  point 
in  said  city  of  Madison,  but  it  shall  not  establish  a  local  exchange 
therein. 

Section  3.  The  American  Telephone  and  Telegraph  Company  of 
Wisconsin  shall  trim  or  remove  no  trees  without  the  permission  of  the 
owner  thereof  having  been  first  duly  had  and  obtained. 

Section  4.  The  city  of  Madison  shall  have  the  right  at  any  time 
to  repeal,  alter  or  amend  this  ordinance  and  all  provisions  or  any 
provision  thereof  as  it  shall  see  fit. 


FRANCHISES  GRANTED  BY  TIIE  CITY  OF  MADISON. 


273 


Section  5.  Said  American  Telephone  and  Telegraph  Company  of 
Wisconsin,  its  successors  and  assigns,  shall  within  sixty  days  after 
this  ordinance  takes  effect,  file  with  the  city  clerk  of  said  city  its 
written  acceptance  of  the  franchise  hereby  granted,  and  shall  enter 
upon  the  construction  and  maintenance  of  said  line,  and  shall  have 
substantially  complied  with  the  terms  of  this  ordinance  on  or  before 
January  1st,  1898. 

Section  6.  This  ordinance  shall  be  of  force  and  effect  from  and 
:after  its  passage  and  publication. 

Approved  July  31st,  1897.  M.  J.  HOVBN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  30th  day  of  July, 
1897. 

O.  S.  NORSMAN, 

(Ordinance  No.  1151.)  City  Clerk. 


An  Ordinance  to  amend  an  ordinance  authorizing  the  American  Tele¬ 
phone  and  Telegraph  Company  of  Wisconsin  to  use  the  public 
streets  of  the  city  of  Madison  for  the  purpose  of  placing  poles  and 
electrical  conductors  thereon. 

The  common  council  of  the  city  of  Maclison  do  ordain: 

Section  1.  Section  2  of  an  ordinance  entitled,  “An  Ordinance  au¬ 
thorizing  the  American  Telephone  and  Telegraph  Company  of  Wis¬ 
consin  to  use  the  public  streets  of  the  city  of  Madison  for  the  pur¬ 
pose  of  placing  poles  and  electrical  conductors  thereon.”  and  approved 
July  31,  1897,  is  hereby  amended  by  striking  out  the  last  words  in  said 
section  as  follows:  “But  it  shall  not  establish  a  local  exchange 
therein,”  so  that  said  section  when  amended  shall  read  as  follows: 
Section  2.  This  franchise  is  granted  with  the  understanding  and 
agreement  that  the  said  American  Telephone  and  Telegraph  Company, 
its  successors  and  assigns,  shall  maintain  and  use  an  office  and  opera¬ 
tor  on  its  said  telephone* and  telegraph  lines  at  some  convenient  point 
in  the  city  of  Madison. 

Section  2.  This  ordinance  shall  be  in  force  and  effect  from  and  after 
its  passage  and  publication. 

Approved  August  13th,  1897.  M.  J.  HOVEN, 

Mayor. 


18 


274 


FRANCHISES  GRANTED  BY  TIIE  CITY  OF  MADISON. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  13th  day  of  August, 
1897. 

O.  S.  NORSMAN, 

(Ordinance  No.  1152.)  City  Clerk. 


Ay  Ordinance  authorizing  the  Chicago  and  North  Western  Telegraph 
Company  to  erect  and  maintain  telegraph  poles  and  wires  thereon, 
within  the  city  of  Madison,  Wisconsin. 

The  common  council  of  the  city  of  Madison,  Wisconsin,  do  ordain  as 
follows: 

Section  1.  That  authority  is  hereby  granted  to  the  Chicago  and 
North  Western  Telegraph  Company  to  erect  and  maintain  telegraph 
poles,  and  to  string  telegraph  and  telephone  wires  thereon,  within  the 
city  of  Madison,  Wis.,  upon  such  streets  and  alleys  as  shall  be  desig¬ 
nated  for  that  purpose  b3r  the  mayor  and  street  committee  of  said 
city. 

Section  2.  All  poles  which  shall  be  erected  under  this  ordinance 
shall  be  planed  and  painted  and  shall  be  of  such  size  and  shall  be 
placed  at  such  points,  on  the  margin  of  the  sidewalk,  as  shall  be  des¬ 
ignated  by  the  mayor  and  street  committee  of  said  city,  and  shall 
be  erected,  and  said  wires  strung  thereon  under  their  supervision  and 
subject  to  the  control  of  the  common  council  of  said  city. 

Section  3.  Whenever  any  street  on  whiclT  any  telegraph  pole  shall 
have  been  set  under  this  ordinance,  shall  be  graded  or  paved,  the  said 
company  shall,  whenever  requested  by  the  common  council,  at  its 
own  cost,  re-set  said  poles  so  as  to  conform  to  the  street,  as  it  shall 
be  reconstructed. 

Section  4.  Provided  this  ordinance  may  be,  at  any  time,  repealed, 
altered  or  amended  by  the  common  council 'of  said  city. 

Section  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

JAMES  CONKLIN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  8th  day  of  March, 
1884. 

JOHN  CORSCOT, 

City  Clerk. 


(Ordinance  No.  843.1 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


275 


An  Ordinance  granting  to  the  Postal  Telegraph  Cable  Company  the 
right  to  construct,  erect,  operate  and  maintain  a  telegraph  system 
in  the  city  of  Madison. 

The  common  council  of  the  city  of  Madison  do  ordain  as  folloivs: 

Section  1.  The  Postal  Telegraph  Cable  Company,  its  successors  and 
assigns,  are  hereby  granted  a  right  of  way  through,  in  and  upon  the 
streets,  alleys  and  public  grounds  of  the  city  of  Madison,  for  the 
purpose  of  erecting  and  maintaining  the  posts  of  wood,  iron  or  other 
suitable  material  and  the  wires  and  other  apparatus  necessary  to 
operate  a  telegraph  system  and  telegraph  exchange  in  said  city. 

Section  2.  This  ordinance  is  made  and  accepted  subject  to  the  con¬ 
ditions  of  a  general  ordinance  regulating  the  erection  of  telephone, 
telegraph,  electric,  railroad  and  street  railway  poles  and  posts,  and 
the  stringing  of  wires  thereon  in  the  city  of  Madison,  passed  on  the 
20th  day  of  December,  1895,  and  said  general  ordinance  as  amended 
January  24th,  1896,  and  it  is  also  made  and  accepted  subject  to  any 
future  amendments,  conditions  or  modifications  of  said  ordinance,  and 
subject  to  any  ordinances  hereafter  enacted  relating  to  the  erection  of 
telephone,  telegraph,  electric,  railroad  and  street  railway  poles  or 
posts,  or  the  stringing  of  wires,  or  an  ordinance  relating  to  or  regu¬ 
lating  telephone,  telegraph,  electric  or  railway  systems  in  said  city. 

Section  3.  This  ordinance  shall  be  accepted  by  said  company  in 
writing  within  twenty  days  from  and  after  its  filing  and  passage  and 
approval. 

Section  4.  The  construction  of  said  system  shall  be  commenced 
within  three  months  from  the  date  of  the  acceptance  of  this  ordinance, 
and  unless  so  commenced  and  finished  within  six  months  thereafter, 
this  ordinance  shall  be  considered  forfeited  and  nothing  herein  con¬ 
tained  shall  operate  to  confer  upon  said  company  an  exclusive  fran¬ 
chise. 

Section  5.  This  ordinance  shall  take  effect  from  and  after  its  pas¬ 
sage  and  publication,  provided  it  is  accepted  as  aforesaid. 

Approved  August  15,  1896. 

A.  A.  DYE, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  th*e  city  of  Madison,  on  the  14th  day  of  August, 
1896. 

O.  S.  NORSMAN, 

City  Clerk. 


(Ordinance  No.  1127.) 


276 


FRANCHISES  GRANTED  BY  THE  CITY'  OF  MADISON. 


An  Ordinance  granting  to  the  Postal  Telegraph  Cable  Company  the 
right  to  construct,  erect,  operate  and  maintain  a  telegraph  system 
in  the  city  of  Madison. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  The  Postal  Telegraph  Cable  Company,  its  successors  and 
assigns,  are  hereby  granted  a  right  of  way  through,  in  and  upon  the 
streets,  alleys  and  public  grounds  of  the  city  of  Madison  for  the  pur¬ 
pose  of  erecting  and  maintaining  the  posts  of  wood,  iron  or  other  suit- 
able  material  and  the  wires  and  other  apparatus  necessary  to  operate 
a  telegraph  system  and  telegraph  exchange  in  said  city. 

Section  2.  This  ordinance  is  made  and  accepted  subject  to  the  con¬ 
ditions  of  a  general  ordinance  regulating  the  erection  of  telephone, 
telegraph,  electric,  railroad  and  street  railway  poles  and  posts,  and 
the  stringing  of  wires  thereon  in  the  city  of  Madison,  passed  on  the 
20th  day  of  December,  1895,  and  said  general  ordinance  as  amended 
January  24th,  1896,  and  it  is  also  made  and  accepted  subject  to  any 
future  amendments,  conditions  or  modifications  of  said  ordinance,  and 
subject  to  any  ordinances  hereafter  enacted  relating  to  the  erection 
of  telephone,  telegraph,  electric,  railroad  and  street  railway  poles  or 
posts,  or  the  stringing  of  wires,  or  any  ordinance  relating  to  or  regu¬ 
lating  telephone,  telegraph,  electric,  or  railway  systems  in  said  city. 

Section  3.  This  ordinance  shall  be  accepted  by  said  company  in 
writing  within  twenty  days  from  and  after  its  filing  and  passage  and 
approval. 

Section  4.  The  construction  of  said  system  shall  be  commenced 
within  three  months  from  the  date  of  the  acceptance  of  this  ordinance, 
and  unless  so  commenced  and  finished  within  six  months  thereafter, 
this  ordinance  shall  be  considered  forfeited  and  nothing  herein  con¬ 
tained  shall  operate  to  confer  upon  said  company  an  exclusive  fran¬ 
chise. 

Section  5.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  publication,  provided  it  is  accepted  as  aforesaid. 

Approved  November  12,  1897. 

M.  J.  HOVEN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  12th  day  of  Novem¬ 
ber,  1897. 

O.  S.  NORSMAN, 

City  Clerk. 


(Ordinance  No.  1161.) 


FRANCHISES  GRANTED  BY  TIIE  CITY  OF  MADISON. 


277 


An  Ordinance  granting  permission  to  erect  and  maintain  a  system 
of  telephones,  or  a  telephone  exchange,  in  the  city  of  Madison, 
Wisconsin. 

Be  it  ordained  ~by  the  common  council  of  the  city  of  Madison , 
Wisconsin: 

Section  1.  That  the  Standard  Telephone  &  Electric  Company,  of 
Madison,  Wisconsin,  and  its  successors  and  assigns,  be  and  they  are 
hereby  granted  thfe  right  of  way  through,  in  and  upon  the  streets, 
sidewalks,  alleys  and  public  grounds  of  the  city  of  Madison,  county 
of  Dane,  state  of  Wisconsin,  for  the  uses  and  purposes  of  therein 
and  thereon  to  erect,  maintain  and  use  all  the  necessary  poles  or  posts 
of  wood,  iron  or  other  suitable  material,  anu  the  necessary  wires  suc¬ 
cessfully  to  operate  and  use  a  system  of  telephones,  or  a  telephone 
exchange  in  the  city  cf  Madison,  aforesaid.  Provided,  That  the 
said  Standard  Telephone  &  Electric  Company  and  its  successors 
and  assigns,  shall  maintain  and  use  an  office  and  operator  on  lines 
of  telephone  wire  at  some  convenient  point  in  said  city.  And  provided 
the  said  city  reserves  the  right  at  any  time  to  direct  any  alteration 
in  the  location  of  said  poles  or  posts,  and  also  the  height  at  which 
wires  shall  be  run.  And  provided,  further,  that  said  Standard  Tele¬ 
phone  &  Electric  Company,  its  successors  and  assigns,  shall  hold  the 
city  of  Madison  harmless  of  and  free  from  any  action  caused  or  occur- 
ing  through  or  by  reason  of  the  neglect,  mismanagement  or  default 
of  said  Standard  Telephone  &  Electric  Company,  its  successors  and 
assigns,  in  the  construction  and  operation  of  said  poles  and  wires. 

Section  2.  The  poles  hereby  authorized  to  be  erected  shall  be 
straight  planed  or  shaved  and  painted,  and  all  poles  within  the  dis¬ 
tance  of  one  mile  from  the  Capitol  park  shall  be  at  least  thirty-five 
(35)  feet  in  height  above  the  ground.  Whenever  the  said  poles  or 
posts  are  erected  on  a  street  they  shall  be  placed  in  all  cases,  when 
practicable,  on  the  outer  edge  of  the  sidewalk  just  inside  of  the  curb¬ 
stone  and  on  the  line  dividing  the  lots  one  from  the  other,  and  in  no 
case  to  be  so  placed  as  to  obstruct  the  drainage  of  the  streets  or  to 
interfere  with  or  damage  the  trees  or  other  public  or  private  property 
on  the  line  of  the  street  or  alley  where  such  posts  or  poles  shall  be 
erected.  And  the  said  common  council  reserves  the  right  to  compel 
the  said  Standard  Telephone  &  Electric  Company,  its  successors  and 
assigns,  to  cable  its  wires  around  the  Capitol  park  at  the  cost  of  the 
said  Standard  Telephone  &  Electric  Company. 

Section  3.  Whenever  any  street  on  which  any  of  said  poles  shall 
have  been  set  shall  be  graded  or  paved,  the  said  company  shall  reset 


278  FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


said  poles  so  as  to  conform  to  the  street  as  reconstructed,  and  the 
said  company  shall  put  and  keep  in  order  all  those  parts  of  the 
streets,  sidewalks,  alleys  or  public  grounds  interfered  with  or  used 
in  the  erection  of  said  poles  or  posts,  and  shall  thereafter  so  maintain 
the  same  in  like  good  ,  order. 

Section  4.  Said  common  council  expressly  reserves  the  right  to 
grant  the  right  of  way  to,  in  and  upon  the  said  streets,  sidewalks, 
alleys  and  public  grounds  for  the  erection,  maintenance  and  use  of 
the  necessary  poles  and  posts  and  wires  to  any  other  company  or 
individual  when  requested,  the  same  not  to  interfere  with  the  proper 
and  successful  use  of  the  rights  hereby  granted  the  said  Standard  Tele¬ 
phone  &  Electric  Company,  its  successors  and  assigns. 

Section  5.  The  common  council  shall  enact  such  ordinances  as  may 
become  necessary  for  the  protection  of  telephone  posts,  fixtures  and 
wires  against  abuse  and  injury. 

Section  6.  The  common  council  shall  have  the  right  to  the  use 
without  charge  of  any  pole  or  post  so  erected  and  maintained  by  said 
Standard  Telephone  &  Electric  Company,  its  successors  and  assigns, 
for  the  purpose  of  thereon  stringing  and  maintaining  wire  or  wires 
for  the  exclusive  use  of  the  city’s  departments,  provided,  that  such 
use  by  the  city  shall  be  reasonable. 

The  eficy  of  Madison  reserves  the  right  to  allow  or  grant  other  per¬ 
sons  or  corporations  the  right  to  use  the  poles  or  posts  of  the  said 
Standard  Telephone  &  Electric  Company,  its  successors  and  assigns, 
providing  that  the  said  use  of  said  poles  or  posts  shall  always  be  sub¬ 
ordinate  to  the  primary  use  of  the  said  Standard  Telephone  &  Elec¬ 
tric  Company;  and  provided,  further,  that  the  use  of  said  poles  or 
posts  belonging  to  the  said  Standard  Telephone  &  Electric  Company 
by  any  other  company,  corporation  or  person  shall  be  on  the  payment 
of  reasonable  compensation  for  the  use  of  the  same,  to  be  computed 
on  a  cost  basis.  And  provided  that  the  city  of  Madison  in  the  same 
ordinance  granting  such  rights  shall  require  the  person  or  corpora¬ 
tion  to  whom  such  rights  are  granted,  to  grant  the  same  rights  in 
and  to  their  own  poles  and  posts  to  the  said  Standard  Telephone  & 
Electric  Company,  its  succesors  and  assigns. 

Section  7.  Said  Standard  Telephone  &  Electric  Company,  its  suc¬ 
cessors  and  assigns,  shall  within  thirty  days  after  this  ordinance  takes 
effect  file  with  the  city  clerk  of  said  city  its  written  acceptance  of 
franchise  hereby  granted,  and  shall  enter  into  the  construction  and 
maintenance  of  its  exchange,  and  shall  have  substantially  complied 
with  the  terms  of  this  ordinance  on  or  before  December  1,  1896. 

Section  8.  Said  city  shall  have  the  right  at  any  time  to  repeal. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON.  279 


alter  or  amend  said  ordinance  and  all  and  any  provision  thereof,  as 
it  shall  see  fit. 

Section  9.  This  ordinance  shall  take  effect  and  be  in  force  upon 
and  after  its  passage  and  publication. 

Approved  August  10,  1895. 

JABE  ALFORD, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  Wisconsin,  on  the  9th  day 
of  August,  A.  D.  1895. 

O.  S.  NORSMAN, 

(Ordinance  No.  1109.)  City  Clerk. 


An  Ordinance  granting  permission  to  erect  and  maintain  a  system 
of  telephones,  or  a  telephone  exchange,  in  the  city  of  Madison, 
Wisconsin. 

Be  it  ordained  by  the  common  council  of  the  city  of  Madison,  Wis¬ 
consin  : 

Section  1.  That  the  “Wisconsin  Telephone  Co.”  and  its  successors 
and  assigns  be,  and  they  are  hereby  granted  the  right  of  way  through, 
in  and  upon  the  streets,  sidewalks,  alleys  and  public  grounds  of  the 
city  ot  Madison,  in  the  county  of  Dane  and  state  of  Wisconsin,  for  the 
use  and  purposes  of  therein  and  thereon  to  erect,  maintain  and  use  all 
the  necessary  poles  or  posts  of  wood,  iron  or  other  suitable  material, 
and  the  necessary  wires  successfully  to  operate  and  use  a  system  of  tele¬ 
phones,  or  a  telephone  exchange  in  the  city  of  Madison,  aforesaid; 
Provided,  that  the  said  Wisconsin  Telephone  Company  and  its  suc¬ 
cessors  and  assigns,  shall  maintain  and  use  (under  proper  and  reason¬ 
able  restrictions  and  rules)  an  office  and  operate  on  lines  of  tele¬ 
phone  wire  at  some  convenient  point  in  said  city,  and  shall  so  set 
said  poles  or  posts,  and  place  the  wires  thereon  in  such  places  and  in 
such  manner  as  not  to  interfere  with  travel  on  said  streets,  sidewalks, 
alleys  and  public  grounds,  aforesaid,  and  shall  put  and  keep  in  good 
order  all  those  parts  of  the  same  interfered  with  or  used  in  the  erec¬ 
tion  of  said  poles  or  posts,  and  shall  hereafter  so  maintain  the  same 
in  like  good  order. 

Section  2.  Said  poles  shall  be  so  set  as  not  to  interfere  with  the 
flow  of  water  in  any  gutter  or  drain  in  said  city,  and  the  points  of 
location  shall  be  determined  under  the  direction  of  the  street  com¬ 
missioner,  or  the  city  civil  engineer. 


280 


FRANCHISES  GRANTED  BY  THE  CITY^  OF  MADISON. 


Section  3.  The  said  common  council  expressly  reserves  the  right 
to  grant  the  right  of  way  through,  in  and  upon  said  streets,  side¬ 
walks,  alleys  and  public  grounds,  for  the  erection,  maintenance  and 
use  of  the  necessary  poles  or  posts  and  wires  of  any  telephone  com¬ 
pany  or  individuals,  whenever  requested,  the  same  not  to  interfere 
with  proper  and  successful  use  of  the  rights  hereby  granted  to  the 
said  Wisconsin  Telephone  Company  and  its  successors  and  assigns. 

Section.  4.  The  common  council  shall  enact  such  ordinances  as  may 
become  necessary  for  the  protection  of  telephone  poles,  fixtures  and 
wires  against  abuse  and  injury. 

Section  5.  Said  city  shall  have  the  right  at  any  time  to  repeal, 
alter  or  amend  said  ordinance  and  all  provision  thereof  as  it  shall 
see  fit. 

Approved  December  9,  1882.  JAMES  CONKLIN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed 
by  the  common  council  of  the  city  of  Madison,  December  2,  1882. 

JOHN  CORSCOT, 

(Ordinance  No.  821.)  City  Clerk. 


An  Ordinance  granting  i.o  the  Western  Union  Telegraph  Company  the 
right  to  place  and  maintain  its  poles  and  lines  in  the  streets, 
alleys  and  public  ways  of  the  city  of  Madison,  state  of  Wisconsin, 
on  the  terms  and  conditions  herein  stated. 

Section  1.  Be  it  ordained  by  the  common  council  of  the  city  of 
Madison,  state  of  Wisconsin,  that  the  Western  Union  Telegraph  Com¬ 
pany,  its  successors  and  assigns,  are  authorized  to  erect  and  maintain 
on  the  streets,  alleys  and  public  ways  of  said  city  the  poles,  fixtures 
and  wires  necessary  for  the  purpose  of  supplying  the  citizens  of  said 
city  and  to  the  public,  communication  by  telegraph  or  other  improved 
electrical  device,  such  use  to  be  and  continue  upon  the  terms  and 
conditions  hereinafter  stated. 

Section  2.  The  location  of  the  poles  and  lines  now  in  use  is  hereby 
approved,  and  the  location  of  all  poles  and  lines  hereafter  to  be 
erected,  and  any  change  in  the  location  of  the  poles  and  lines  now 
in  use  or  extensions  thereof  shall  be  under  the  direction  and  control 
of  the  common  council  of  said  city. 

Section  3.  Said  poles  and  wires  shall  be  placed  and  maintained 
so  as  not  to  interfere  with  travel  on  said  highways,  and  said  com¬ 
pany  shall  hold  said  city  free  and  harmless  from  all  damages  arising 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


281 


by  reason  of  said  occupancy.  This  grant  is  made  and  is  to  be  en¬ 
joyed  subject  to  such  reasonable  regulations  and  ordinances  of  a 
police  nature  as  said  common  council  of  said  city  is  authorized  and 
sees  proper  at  any  time  to  adopt,  not  destructive  to  the  rights  herein 
granted. 

Section  4.  The  right  of  use  herein  given  shall  not  be  exclusive, 
and  the  common  council  of  said  city  reserves  the  power  to  grant  a  like 
right  of  way  to  any  other  telegraph  company,  the  same,  however,  not 
to  interfere  with  the  reasonable  and  proper  exercise  of  the  privileges, 
herein  granted,  and  to  revoke  this  license  any  time. 

Section  5.  In  consideration  whereof,  said  Western  Union  Telegraph 
Company  shall,  and  by  the  acceptance  of  this  ordinance  does,  agree 
to  allow  the  common  council  of  said  city  to  attach  at  any  time  to 
the  top  cross  arm  of  any  of  said  poles,  where  practicable,  the  city 
fire-alarm  and  police  wires,  and  said  poles  are  hereby  made  a  munic¬ 
ipal  instrumentality  for  that  purpose;  provided,  however,  said  attach¬ 
ment  shall  be  so  made  as  not  to  interfere  with  said  company’s  use; 
and  said  attachment  shall  be  made  and  maintained  under  the  direc¬ 
tion  of  said  company’s  manager  in  said  city  of  Madison.  The  said 
company  shall  and  will  furnish  for  the  said  city  the  use  of  its  poles 
for  the  attachment  thereto  of  its  fire  alarm  boxes  without  charge  to 
said  city. 

Section  6.  This  ordinance  shall  take  effect  on  and  after  its  pass¬ 
age  and  the  filing  by  said  company  of  unconditional  acceptance  thereof 
in  the  office  of  the  city  clerk  of  said  city. 

Section  7.  That  whenever  said  company  ceases  to  operate  a  tele¬ 
graph  line  in  said  city  of  Madison  and  ceases  to  use  the  said  poles 
and  lines  herein  provided  for,  in  the  operation  of  its  line  of  tele¬ 
graph,  then  said  company  shall  remove  said  poles  and  lines  from  the 
streets  and  alleys  of  said  city  within  sixty  days  from  the  date  that 
said  company  so  ceases  to  use  and  operate  said  lines. 

Section  8.  All  ordinances  and  parts  of  ordinances,  orders  and 
resolutions  upon  the  subject  of  telegraph  poles,  wires,  etc.,  of  pre¬ 
vious  date,  so  far  as  the  same  relate  to  the  Western  Union  Telegraph 
Company,  are  hereby  repealed  and  annulled. 

Passed  April  Sth,  1892. 

Approved.  Wm.  H.  ROGERS, 


Mayor. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed 
by  the  common  council  of  the  city  of  Madison,  on  the  8th  day  of 


April,  1892. 

(Ordinance  No.  1032.) 


0.  S.  NORSMAN, 

City  Clerk. 


282 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


GAS,  ELECTRIC  LIGHT  AND  POWER 

FRANCHISES.* 


Ax  Ordinance  granting  to  the  Four  Lakes  Light  &  Power  Company, 
its  successors  and  assigns,  the  right  to  construct,  erect  and  main¬ 
tain  an  electric  light  and  power  plant  in  the  city  of  Madison, 
Wisconsin. 

Section  1.  Be  it  ordained  by  the  council  of  the  city  of  Madison, 
state  of  Wisconsin: 

That  permission  is  hereby  granted  to  said  company  to  enter  upon 
the  highways  in  said  city  of  Madison,  and  to  construct,  erect  and 
maintain  in,  along  and  over  said  highways,  posts,  poles,  wires  and 
other  appliances  and  fixtures  for  electric  light,  heat  and  power 
purposes,  subject  to  all  general  provisions  of  statute  law  now  in  force 
and  applicable  thereto,  and  to  such  reasonable  rules  and  regulations 
respecting  such  highways  as  said  council  of  the  city  of  Madison  may 
from  time  to  time  enact. 

Section  2.  Said  company  is  hereby  granted  the  right  to  construct, 
erect  and  maintain  or  to  acquire  by  purchase  from  the  owners  of 
any  such  plant  an  electric  light  and  power  plant  in  said  city  of 
Madison,  and  to  repair,  enlarge  and  extend  the  same  and  carry  on 
the  business  of  selling  electric  light,  heat  and  power. 

Section  3.  The  authority  and  permission  herein  granted  are  sub¬ 
ject  to  the  following  terms  and  restrictions:  (a)  All  posts  and  poles 
used  in  Lhe  construction  of  the  pole  lines  in  connection  with  the  plant 
shall  be  reasonably  straight,  placed  in  or  adjacent  to  the  line  of  the 
curb  of  the  sidewalk,  or  otherwise,  in  such  manner  as  not  unreason¬ 
ably  to  impede  public  travel,  and  subject  to  the  general  regulation 
and  control  of  the  city  authorities.  All  poles  shall  be  shaved  and 
painted  with  two  coats  of  good  paint  and  so  kept,  (b)  The  said 
company  shall  hold  the  city  of  Madison  harmless  of  and  from  any  and 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


283 


all  causes  of  action,  liabilities  and  damages  caused  or  accruing 
through  or  by  reason  of  the  neglect,  mismanagement  or  default  of 
said  company  in  the  construction  and  operation  of  said  plant,  (c) 
During  the  construction  of  that  portion  of  said  plant  which  is  to  bo 
erected  in,  along  and  over  the  highways  of  said  city  of  Madison,  the 
said  company  shall  not  unnecessarily  impede  public  travel  thereon, 
and  shall  leave  all  said  highways,  upon  which  it  may  enter  for  the 
purpose  herein  authorized,  in  as  good  condition  as  they  were  at  the 
date  of  said  entry. 

Section  4.  The  company  grants  the  city  the  right  to  erect,  string 
and  maintain  such  wires  as  it  may  now  have  or  hereafter  possess,  in, 
along,  and  on  the  poles  of  said  .company,  without  charge. 

The  city  reserves  the  right  to  allow  or  grant  other  companies  the 
right  to  use  the  poles  of  the  Electric  Company,  by  paying  the  said 
company  reasonable  compensation  for  the  use  of  same  on  a  cost  basis, 
and  grants  said  company  the  same  rights  on  other  corporation  poles 
so  far  as  the  city  may  have  the  power  to  do. 

Section  5.  (a)  The  word  “company,”  wherever  used  in  this  ordi¬ 

nance,  shall  be  deemed  to  mean  and  include  “The  Four  Lakes  Light  & 
Power  Company,  its  successors  and  assigns.”  (b)  The  word  “high¬ 
way”  in  this  ordinance  shall  be  deemed  to  include  streets,  alleys, 
bridges  and  other  public  places,  (c)  The  word  “plant”  shall  be 
deemed  to  include  all  the  tangible  property  of  every  kind  and  descrip¬ 
tion  of  said  company  used  in,  or  about,  or  in  connection  with  its 
business  of  furnishing  electric  light,  heat  and  power  in  said  city  of 
Madison. 

Section  6.  This  ordinance  shall  be  accepted  by  said  company 
within  ten  days  from  and  after  its  final  passage  and  approval. 

Section  7.  The  construction  of  said  plant  shall  be  commenced,  or 
purchase  of  such  a  plant  shall  be  made  within  ten  days  from  the  date 
of  the  acceptance  of  this  ordinance  (but  not  before  said  ordinance 
is  accepted  as  hereinfore  provided),  and  unless  so  commenced  or 
purchased  within  the  time  above  limited,  the  rights  granted  by  this 
ordinance  shall  be  considered  forfeited.  Nothing  herein  contained 
shall  operate  to  confer  upon  said  company  an  exclusive  franchise. 

Section  8.  All  ordinances  or  portions  thereof  heretofore  adopted, 
which  conflict  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Section  9.  This  ordinance  shall  be  published  according  to  law,  in 
the  Madison  Democrat. 

Section  10.  This  ordinance  shall  take  effect  from  and  after  its 
piassage  and  publication,  provided  it  is  "accepted  as  aforesaid. 

Approved  August  26th,  1892.  CHAS.  W.  HEYL, 

Acting  Mayor. 


284  FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  26th  day  of  August, 
,1892. 

O.  S.  NORSMAN, 

(Ordinance  No.  1045.)  City  Clerk. 


An  Ordinance  granting  to  George  W.  Gilman,  I.  C.  Woodward  and 
John  W.  Hudson  the  right  to  maintain  and  operate  a  system  of 
electric  light  and  power  in  the  city  of  Madison,  Wisconsin. 

The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 

Section  1.  That  George  W.  Gilman,  I.  C.  Woodward  and  John  W. 
Hudson,  he  and  the  same  are  hereby  empowered  and  authorized  to 
erect,  operate  and  maintain  a  system  of  electric  light  and  power, 
with  all  the  necessary  appliances  and  appurtenances  in  erecting,, 
operating  and  maintaining  the  same,  provided,  however,  that  the  said 
George  W.  Gilman,  I.  C.  Woodward  and  John  W.  Hudson  shall  not 
within  the  period  of  five  years  from  the  passage  of  this  ordinance,, 
sell,  transfer,  assign  or  dispose  of  the  rights,  privileges  and  franchises 
hereby  to  them  granted,  to  any  person  or  persons,  company  or  corpora¬ 
tion  whatever,  except  to  the  city  of  Madison,  and  provided  further,  that 
the  said  George  W.  Gilman,  I.  C.  Woodward  and  John  W.  Hudson  will 
upon  demand  made  by  the  city  of  Madison  deliver  to  the  clerk  of 
said  city  a  written,  itemized  statement  duly  verified  and  sworn  to, 
of  the  amount  of  wire  put  up,  posts  erected,  machinery  in  operation,, 
the  number  of  lights  then  being  used,  and  all  other  property  and 
appliances  used  in  connection  with  and  about  said  electric  light  system, 
and  the  actual  cost  of  the  same  for  the  purpose  of  having  said  city 
of  Madison  purchase  all  of  said  property  above  mentioned;  and  the 
said  George  W.  Gilman,  I.  C.  Woodward  and  John  W.  Hudson  accept 
the  rights,  privileges  and  franchises  hereby  granted  upon  the  express 
condition  that  they  will,  upon  demand  of  the  said  city  of  Madison,  sell 
and  assign  all  of  the  said  property  above  mentioned  to  said  city  of 
Madison  and  make  lawful  conveyance  thereof  upon  payment  of  the 
cost  price  as  shown  by  said  written  and  verified  statement,  by  said 
city  of  Madison,  to  said  George  W.  Gilman,  I.  C.  Woodward  and 
John  W.  Hudson,  and  in  case  the  said  George  W.  Gilman,  I.  C.  Wood¬ 
ward  and  John  W.  Hudson  shall  fail,  omit  or  refuse  to  comply  with 
the  said  demand,  conditions  and  provisions  above  stated,  they  shall 
forfeit  all  rights,  privileges  and  franchises  under  this  ordinance,  and 
this  ordinance  shall  be  null  and  void  and  of  no  effect. 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


285 


Section  2.  Such  electric  light  and  power  system  shall  be  erected 
and  must  be  in  operation  on  or  before  the  expiration  of  sixty  days 
from  the  date  of  the  passage  of  this  ordinance;  and  in  case  such 
electric  light  and  power  system  is  not  erected  and  in  operation  within 
the  time  above  prescribed  all  rights,  privileges  and  franchises  hereby 
granted  shall  be  null  and  void  and  of  no  effect. 

Section  3.  The  city  of  Madison  hereby  grants  to  said  George  W. 
Gilman,  I.  C.  Woodward  and  John  W.  Hudson  the  right  and  privilege 
to  use  and  cross  any  street  or  alley  needed  in  erecting,  operating  and 
maintaining  such  electric  light  and  power  system,  under  the  direction 
and  supervision  of  said  city  of  Madison;  provided,  that  the  public 
use  of  either  or  any  such  street  or  alley  is  not  thereby  unnecessarily 
restricted  and  interfered  with  and  said  city  hereby  relinquishes  all 
claim  for  compensation  for  use  of  any  such  streets  or  alleys. 

Section  4.  The  said  city  of  Madison  expressly  reserves  to  itself 
the  right  to  make  and  impose  such  regulations  and  conditions  relative 
to  the  place  and  manner  of  crossing  said  streets  and  alleys,  the  nature 
and  kinds  of  poles  and  towers  to  be  used,  the  particular  kind  of 
light  to  be  furnished,  the  location  of  the  poles  or  towers  in  the  streets, 
the  location  of  the  plant,  boilers  and  engines,  the  extent  and  direction 
of  the  lines  to  any  portion  of  the  city,  and  to  impose  such  other  reg¬ 
ulations  and  conditions  as  to  the  operating  and  maintaining  such 
electric  light  and  power  system  as  may  from  time  to  time  be  deemed 
reasonable  and  just.  Upon  failure  to  comply  with  any  and  all  the 
conditions  and  requirements  herein  contained,  on  the  part  of  said 
George  W.  Gilman,  I.  C.  Woodward  and  John  W.  Hudson,  all  the 
rights,  privileges  and  franchises  hereby  granted  shall  be  null  and  void 
and  of  no  effect. 

Section  5.  This  ordinance  shall  be  void  and  all  rights  granted 
hereunder  shall  cease  and  be  of  no  effect  unless  said  George  W.  Gilman, 
I.  C.  Woodward  and  John  W.  Hudson  shall  file  a  written  acceptance 
of  the  same  with  the  city  clerk  within  fifteen  days  from  the  passage 
thereof. 

Section  6.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  April  16,  1888.  JAMES  CONKLIN, 

Mayor. 

Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  bv 
the  common  council  of  the  city  of  Madison,  on  the  13th  day  of  April, 
1888. 

JOHN  CORSCOT, 

City  Clerk. 


(Ordinance  No.  938.) 


280 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


An  Ordinance  amending  the  ordinance  granting  to  George  W.  Gilman 
and  others  the  right  to  maintain  a  system  of  electric  light. 


The  common  council  of  the  city  of  Madison  do  ordain  as  follows: 


That  the  present  owners  of  the  Madison  Electric  Company,  to-wit, 
George  W.  Gilman,  Carl  Hausmann  and  John  W.  Hudson,  their  suc¬ 
cessors  or  assignees,  shall  have  the  right  to  organize  as  a  corporation 
under  the  general  laws  of  the  state  of  Wisconsin,  and  that  all  pro¬ 
visions  of  said  original  ordinance  prohibiting  or  interfering  with  the 
sale  of  said  franchise  or  property  are  hereby  repealed;  provided,  that 
nothing  in  this  ordinance  shall  be  construed  as  granting  an  exclusive 
franchise. 

Approved  August  17,  1891. 

JABE  ALFORD, 

Acting  Mayor. 


Notice  is  hereby  given  that  the  foregoing  ordinance  was  passed  by 
the  common  council  of  the  city  of  Madison,  on  the  14th  day  of  August, 
1891. 


(Ordinance  No.  1019.) 


O.  S.  NORSMAN, 

City  Clerk. 


Ax  Act  to  corporate  the  Madison  Gas  Light  &  Coke  Company. 

The  people  of  the  state  of  Wisconsin,  represented  in  senate  and  as¬ 
sembly,  do  enact  as  follows: 

Section  1.  Leonard  J.  Farwell,  Simeon  Mills,  Julius  P.  Atwood, 
Francis  G.  Tibbits,  David  Atwood,  Henry  Parkins,  Samuel  Marshall, 
N.  W.  Dean,  B.  F.  Hopkins,  Levi  B.  Vilas,  David  J.  Powers,  and  their 
associates,  be  and  are  hereby  created  a  body  politic  and  corporate,  with 
perpetual  succession,  by  the  name  and  style  of  the  “Madison  Gas 
Light  &  Coke  Company,  and  by  that  name,  they  and  their  successors 
shall  be  capable  in  law,  of  contracting  and  being  contracted  with, 
suing  and  being  sued,  defending  and  being  defended,  in  all  courts 
and  places,  and  in  all  matters  whatsoever,  with  full  power  to  acquire, 
hold  and  occupy  and  enjoy  all  such  real  and  personal  estate  as  may 
be  necessary  and  proper  for  the  construction,  extension  and  useful¬ 
ness  of  the  work  of  said  company,  and  for  the  proper  management 
and  good  government  of  the  same;  and  they  may  have  a  common 
seal,  and  the  same  may  be  altered  and  renewed  at  pleasure. 

Section  2.  The  corporation  hereby  created  shall  have  full  power 


FRANCHISES  GRAIN  TED  BY  THE  CITY  OF  MADISON. 


287 


and  authority  to  manufacture  and  sell  gas,  to  be  made  from  any  and 
all  of  the  substances,  or  a  combination  thereof,  from  which  inflam¬ 
mable  gas  can  be  obtained,  and  to  be  used  for  the  purpose  of  lighting 
the  village  or  city  of  Madison,  Wisconsin,  or  the  streets  and  public 
park  thereof,  also,  all  ouildings,  public  and  private,  therein  contained, 
and  erect  all  the  necessary  works  and  apparatus,  and  to  lay  pipes  for 
the  purpose  of  conducting  the  gas  in  and  along  any  of  the  streets  or 
avenues  of  said  village  or  city.  The  real  estate  which  this  corpora¬ 
tion  is  entitled  to  hold,  shall  not  exceed  in  value  fifty  thousand  dollars. 

Section  3.  The  capital  stock  of  said  company  shall  not  exceed  two 
hundred  thousand  dollars,  to  be  subscribed  for,  and  paid  in  such  pro¬ 
portion  as  shall  be  prescribed  by  the  by-laws  and  rules  regulating  the 
concerns  of  said  company. 

Section  4.  The  property  and  concerns  of  said  corporation  shall  be 
managed  and  conducted  by  a  board  of  seven  directors.  L.  J.  Farwell, 
J.  P.  Atwood,  N.  W.  Dean,  Levi  B.  Vilas,  David  Atwood,  B.  F.  Hop¬ 
kins  and  David  J.  Powers,  shall  be  the  first  directors  of  said  corpora¬ 
tion  and  shall  continue  in  office  until  others  shall  be  chosen.  The 
first  election  of  directors  shall  be  held  on  the  second  Monday  in  Oc¬ 
tober,  1857,  and  annually  thereafter  in  the  village  or  city  of  Madison, 
at  1  o’clock  P.  M.,  of  said  day.  But  if  it  shall  at  any  time  happen 
that  an  election  of  directors  shall  not  be  made  on  any  day  when 
pursuant  to  this  act  it  ought  to  have  been  made,  the  said  corporation 
shall  not  for  that  cause  be  deemed  to  be  dissolved;  but  it  shall  be 
lawful  on  any  other  day  to  hold  and  make  an  election  in  such  manner 
as  shall  be  provided  for  in  the  by-laws  of  said  corporation.  Said 
corporation  shall  have  the  exclusive  privilege  of  supplying  the  village 
or  city  of  Madison  and  its  inhabitants  with  gas,  for  the  purpose  of 
affording  light,  for  fifteen  years  from  the  completion  of  said  works. 

Section  5.  The  directors  of  said  corporation  shall  have  power  to 
appoint  such  officers  and  agents  as  they  may  deem  necessary,  and 
prescribe  their  duties,  and  take  the  necessary  bonds  for  the  faithful 
performance  thereof;  and  may  from  time  to  time  adopt  such  by-laws 
and  regulations  for  the  business  of  said  corporation  as  they  may 
deem  expedient;  such  by-laws  and  regulations  not  to  be  inconsistent 
with  the  constitution  and  laws  of  the  United  States  or  of  this  state. 

Section  6.  This  act  shall  be  in  force  and  take  effect  from  and  after 
its  passage. 

Approved  January  17,  1»55. 

Chapter  I,  of  the  Private  and  Local  Laws  of  the  State  of  Wisconsin 
for  1855. 


^88 


FRANCHISES  GRANTED  BY  THE  CITY  OF  MADISON. 


Ai\  Act  to  amend  an  act  entitled,  “An  act  to  incorporate  the  Madison 
Gas  Light  &  Coke  Company,”  approved  January  17th,  1855. 

The  people  of  the  state  of  Wisconsin,  represented  in  senate  and 
assembly,  do  enact  as  follows: 

Section  1.  If  any  officer,  agent  or  employee  of  the  Madison  Gas 
Light  &  Coke  Company  shall  willfully  and  designedly  render  a  false 
statement  of  any  meter  used  for  the  measurement  of  gas  by  said 
company,  or  shall  willfully  and  with  intent  to  defraud  any  consumer 
of  gas  in  the  city  of  Madison  render  a  bill  for  a  larger  amount  of 
gas  than  the  meters  used  by  said  corporation  register  and  measure, 
such  officer,  agent,  or  employee  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  thereof  may  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars. 

Section  2.  The  Board  of  Directors  of  said  corporation  shall  have 
full  control  of  the  stock,  property  and  concerns  of  said  corporation, 
and  it  shall  be  lawful  for  them  in  the  name  of  said  corporation,  to 
acquire  either  by  purchase  of  lease  upon  such  terms  as  they  may 
deem  expedient  all  such  real  and  personal  estate  as  may  be  necessary 
and  proper  for  the  construction,  extension  and  usefulness  of  the 
works  of  said  corporation,  and  for  the  proper  management  of  the 
same,  they  may  grant,  bargain,  sell,  convey,  or  lease,  upon  such  time 
and  terms  as  they  deem  for  the  best  interest  of  the  company,  any 
real  or  personal  estate  belonging  to  said  corporation  and  used  for 
the  purposes  specified  in  said  act  of  incorporation.  But  no  stock  shall 
be  issued  to  Directors  or  other  persons  by  said  corporation  unless 
the  full  amount  of  the  same  shall  have  been  subscribed  and  paid  for. 

Section  3.  If  any  officer,  agent  or  employee  of  said  corporation 
shall  unlawfully  appropriate  to  his  own  use  any  funds  or  property 
belonging  to  said  corporation  and  shall  refuse  to  pay  over  or  account 
for  the  same  when  called  upon  to  do  so  by  the  Board  of  Directors  or 
the  proper  officer  of  said  corporation,  he  shall  be  deemed  guilty  of 
embezzlement,  and  upon  conviction  thereof  may  be  punished  as  pro¬ 
vided  by  law. 

Section  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  17th,  1858. 

Chapter  XX,  of  the  Private  and  Local  Laws  of  the  State  of  Wis¬ 
consin  for  1858. 


STANDING  RULES 


FOR  THE  GOVERNMENT  OF  THE  COMMON  COUNCIL 


1.  The  stated  meetings  of  the  Common  Council  shall  he  held  at  the 
Council  Chamber  on  the  second  Friday  in  each  month,  at  7:30  P.  M. 

The  mayor  may,  and  upon  the  written  request  of  one-third  of  the 
members  of  the  Common  Council,  shall  call  a  special  meeting  thereof 
for  the  consideration  of  such  matters  as  shall  be  stated  in  such  call  or 
written  request. 

2.  The  presiding  officer  shall  at  the  hour  appointed  call  the  members 
to  order.  In  the  absence  of  the  presiding  officer,  the  clerk,  or  in  his 
absence,  any  member,  may  call  the  council  to  order,  and  thereupon, 
the  council  shall  appoint  a  chairman  to  preside  at  such  meeting. 

3.  The  minutes  of  the  last  meeting  shall  then  be  read,  and  any 
mistakes  therein  corrected. 

4.  The  clerk  shall  report  the  amount  of  money  in  the  general  fund 
liable  to  appropriation  during  the  remainder  of  the  fiscal  year,  and 
shall  report  to  the  council  quarterly  the  unexpended  balance  of  each 
item  of  the  budget. 

5.  At  all  stated  meetings,  the  following  order  shall  be  observed  in 
disposing  of  business  before  the  council: 

First — 'Presentation  of  petitions,  memorials,  remonstrances  and 
communications. 

Second — Business  presented  by  the  mayor. 

Third — Presentation  of  accounts  and  other  claims  against  the  city. 

Fourth — Reports  of  officers. 

Fifth — Reports  of  committees. 

Sixth — Ordinances  and  resolutions  may  be  introduced  and  considered. 

Seventh — Miscellaneous. 

No  business  shall  be  taken  up  out  of  said  order,  except  by  unan¬ 
imous  consent  and  without  debate. 


19 


290 


STANDING  RULES  OF  THE  COMMON  COUNCIL. 


6.  All  ordinances,  resolutions,  memorials  or  other  communications 
shall  be  in  writing  with  a  brief  statement  of  their  contents  endorsed 
thereon,  together  with  the  name  of  the  member  presenting  the  same, 
and  shall  be  delivered  to  the  clerk  and  shall  be  read  by  him.  Each 
committee  to  which  any  matter  shall  be  referred,  shall  report  thereon 
in  writing,  at  the  first  stated  meeting  after  such  reference,  unless 

further  time  is  given  by  the  council. 

7.  The  presiding  officer  shall  decide  all  questions  of  order,  subject 
to  an  appeal  to  the  council. 

8.  It  shall  be  the  duty  of  the  presiding  officer  to  preserve  decorum; 
and  if  any  member  transgress  the  rules  of  the  council,  the  presiding 
officer  shall,  or  any  member  may,  call  such  offending  member  to  order, 
in  which  case  the  member  called  to  order  shall  immediately  sit  down 
and  be  silent,  unless  permitted  to  explain,  and  the  council,  if  appealed 
to,  shall  decide  the  matter. 

9.  Every  member  present,  when  a  question  is  put,  shall  vote,  unless 
the  presiding  officer  or  the  council  shall,  for  special  reasons,  excuse 
him. 

10.  When  a  motion  is  made  and  seconded,  it  shall  be  deemed  to 
be  in  possession  of  the  council,  and  shall  be  stated  by  the  presiding 
officer,  or,  being  in  writng,  shall  be  delivered  to  the  clerk,  and  read 
by  him  previous  to  debate. 

11.  After  a  motion  is  stated  by  the  presiding  officer,  or  read  by  the 
clerk,  it  shall  not  be  withdrawn,  except  by  consent  of  the  council. 

12.  All  questions  shall  be  put  in  this  form:  “As  many  as  are  of 
the  opinion  (as  the  case  may  be)  say  Aye;  contrary,  No;”  and  in 
doubtful  cases,  the  presiding  officer  may  direct,  or  any  member  may  call 
for,  a  division. 

13.  When  a  member  is  about  to  speak  to  a  question,  or  make  a 
motion,  he  shall  rise,  and  respectfully  address  the  presiding  officer, 
and  the  presiding  officer  shall  pronounce  the  name  of  the  member 
entitled  to  the  floor;  and  the  member  shall  confine  himself  to  the  ques¬ 
tion  under  consideration. 

14.  No  member  shall  speak  more  than  twice  on  any  question  nor 
more  than  ten  minutes  at  any  one  time,  without  leave  of  three-fourths 
of  the  members  present,  expressed  by  a  rising  vote,  and  the  same  rule 
shall  be  observed  in  Committee  of  the  Whole. 

15.  The  standing  committees  of  the  council  shall  be  appointed  by 
the  mayor,  annually,  and  shall  be  as  follows,  and  shall  consist  of  five 
members  each,  except  as  otherwise  provided: 


STANDING  RULES  OF  THE  COMMON  COUNCIL. 


291 


Judiciary, 

P'nance, 

Claims, 

Streets  and  Sewers, 

Street  Lighting, 

Ordinances, 

City  Property, 

Fire, 

Police, 

Licenses, 

Printing. 

The  committee  on  Streets  and  Sewers  shall  consist  of  the  senior 
aldermen  of  each  ward,  and  the  committee  on  Street  Lighting,  of  the 
junior  aldermen  from  each  ward. 

The  chairman  of  the  committee  on  Streets  and  Sewers  and  of  the 
committee  on  Street  Lighting  shall  be  selected  by  said  committees 
respectively. 

A  majority  of  any  committee  shall  constitute  a  quorum. 

16.  Committees  shall  make  their  reports  in  writing,  and  shall  return 
the  petition,  resolution,  account,  or  other  paper  submitted  for  con¬ 
sideration. 

17.  No  account  or  ether  demand  against  the  city  shall  be  allowed 
until  the  same  has  been  considered  and  reported  upon  by  a  committee 
of  the  council. 

18.  All  reports  and  resolutions  shall  be  filed  with  the  clerk  and 
entered  on  the  minutes 

19.  When  a  question  is  before  the  council,  no  motion  shall  be 
received  except  to  adjourn,  lay  on  the  table,  the  previous  question,  to 
refer  or  to  amend,  which  several  questions  shall  have  precedence  in 
the  order  stated. 

20.  A  motion  to  adjourn  shall  always  be  in  order,  unless  the  council 
is  engaged  in  voting,  and  shall  be  decided  without  debate. 

21.  The  previous  question  shall  be  put  in  these  words:  “Shall  the 
main  question  be  now  put?”  and  it  shall  be  admitted  on  demand  of 
three  members,  and,  until  decided,  shall  preclude  all  further  amend¬ 
ment  or  debate  of  the  main  question,  blit  shall  not  preclude  pending 
amendments  from  being  put  before  the  main  question. 

22.  Any  member  may  call  for  a  division  of  the  question  when  the 
same  will  admit  thereof. 

28.  The  ayes  and  noes  shall  be  taken  and  recorded  upon  any  ques¬ 
tion  before  the  council,  upon  the  call  of  any  two  members.  While  the 


STANDING-  RULES  OF  TJIE  COMMON  COUNCIL. 


292 


clerk  is  calling  the  ayes  and  noes,  the  members  shall  vote  inside  the 
bar,  and  it  shall  not  he  in  order  for  any  member  to  explain  his  vote 
timing  the  calling  of  the  ayes  and  noes. 

24.  In  case  of  a  tie  the  mayor  shall  decide  the  same. 

25.  The  names  of  the  members  shall  be  called  in  alphabetical  order. 

26.  No  ordinance  shall  be  put  on  its  final  passage  on  the  same  day 
on  which  it  was  introduced. 

27.  The  first  reading  of  an  ordinance  proposed  shall  be  for  infor¬ 
mation,  and  all  ordinances,  and  all  resolutions  or  orders  for  the 
appropriation  or  payment  of  money,  shall  require  for  their  passage 
or  adoption  the  concurrence  of  a  majority  of  all  the  aldermen.  All 
ordinances  shall  have  three  separate  readings,  but  the  second  and 
third  reading  shall  never  be  had  on  the  same  day,  and  no  claim 
or  demand  shall  be  allowed  on  the  day  on  which  it  is  presented. 
No  ordinance  shall  relate  to  more  than  one  subject,  which  shall  be 
clearly  expressed  in  its  title,  and  no  ordinance,  or  section  thereof, 
shall  be  amended  or  repealed  unless  the  new  ordinance  contains  the 
title  of  the  ordinance  or  section  amended  or  repealed,  and  when  prac¬ 
ticable  all  ordinances  shall  be  introduced  as  amendments  to  existing 
ordinances  or  sections  thereof. 

28.  Upon  the  second  reading  of  the  ordinance,  the  presiding  officer 

% 

shall  refer  it  to  the  appropriate  committee. 

29.  An  ordinance,  after  commitment  and  report  thereon,  may  be 
recommitted  at  any  time  previous  to  its  final  passage. 

30.  Any  member  shall  have  the  right  to  have  the  reasons  for  his 
dissent  from,  or  protest  against,  any  action  of  the  common  council 
.entered  on  the  minutes. 

31.  All  special  committees  shall  be  appointed  by  the  presiding  offi¬ 
cer,  unless  otherwise  directed  by  the  council. 

32.  In  forming  the  committee  of  the  whole,  the  presiding  officer 
shall  leave  the  chair  and  appoint  a  chairman  to  preside,  and  the  rules 
of  proceeding  in  council  shall  be  observed  in  committee  of  the  whole, 
as  far  as  the  same  may  be  applicable. 

33.  No  member  shall  leave  the  council  or  committee  of  the  whole 
without  leave  of  absence,  under  penalty  of  five  dollars  for  each  offense, 
to  be  imposed  by  a  vote  of  a  majority  of  the  members  of  the  council. 

34.  No  persons,  except  members  and  officers  of  the  council,  shail 
be  allowed  to  come  within  the  bar  during  the  session  of  the  council, 
without  the  permission  of  the  presiding  officer. 

35.  In  the  absence  of  a  standing  rule  the  council  shall  be  guided 
by  Jefferson’s  Manual. 

36.  At  special  meetings  of  the  council,  no  business  shall  be  trans- 


STANDING  RULES  OF  THE  COMMON  COUNCIL. 


295 


acted  but  that  for  which  the  meeting  shall  have  been  called,  unless 
by  unanimous  consent. 

37.  It  shall  be  in  order  for  any  member  who  voted  in  the  majority 
on  any  question,  or  for  any  member  who  voted  in  the  negative  when 
the  council  was  equally  divided,  to  move  a  reconsideration  of  sucli 
vote,  on  the  same  or  next  succeeding  regular  meeting  of  the  council. 
A  motion  to  reconsider  having  been  put  and  lost  shall  not  again  be 
in  order. 

38.  The  assent  of  two-thirds  of  all  members  of  the  council  shall 
be  required  to  suspend,  alter  or  modify  any  of  the  foregoing  rules. 


. 


4 


INDEX. 


A. 

ACCOUNTS—  Page 

of  officers  to  be  examined,  audited,  etc .  70 

to  be  verified  . 90 

disallowance  of,  final  .  97 

when  disallowed,  procedure  by  appeal  .  97 

ACTING  MAYOR  (see  President  of  Council). 

ACTIONS— 

against  city  for  change  of  grade .  77 

when  lies  for  change  of  grade .  77 

does  not  lie  until  claim  presented  to  council .  97 

disallowance  of  claim  final,  except  by  appeal .  97 

upon  disallowance,  council  not  to  again  entertain  claim  ....  97 

appeal  from  disallowace  of  claim .  97 

appeal  from  action  on  report  of  board  of  assessors .  112 

to  recover  penalties  to  be  brought  in  corporate  name .  117 

how  action  to  recover  penalties  commenced  .  . .  117 

when  may  be  prosecuted  in  name  of  city  by  a  resident .  117 

residents  prosecuting  in  name  of  city  to  give  bond . .  117 

judgments  to  include  fines  and  costs  of  prosecution .  118 

how  process  served  against  city . . .  118 

mayor  to  inform  council  of  commencement  of .  119 

issue  of  execution  on  judgment  against  city .  122 

how  complaints  for  offenses  to  be  made .  124 

warrants  for  arrest,  how  issued .  124 

criminal  laws  applicable  to  trials  before  municipal  court. . . .  124 

limitation  of,  to  avoid  special  assessments . .  136 

procedure  on  foreclosure  of  improvement  bonds .  136 

lis  pendens  in  foreclosure  of  bonds .  137 


296 


INDEX. 


ADVERTISEMENTS—  Page 

not  to  be  placed  on  property  without  permission  . . .  .t .  224 


AFFIDAVIT— 

of  publication  of  ordinances,  etc.,  to  be  made . 

all  claims  against  city  to  be  verified  by . 

objections  to  report  of  “Board  of  Assessors”  to  be  verified  by 


AIR  GUN— 

discharging  of,  forbidden . 229 

AISLES— 

aisles  and  approaches  to  halls,  etc.,  not  to  be  obstructed  ....  231 

ALDERMEN— 

list  of,  1856-1904  .  3-29 

elective  officers  .  5b 

to  be  qualified  voters  and  residents  of  ward .  50 

terms  of  office  .  50,  53 

classification  of  .  53 

expenditure  of  poll  tax  under  control  of  senior  alderman,  ...  80 

misdemeanor  to  be  interested  in  contract  with  city  119 

misdemeanor  to  convert  funds  of  city .  90 

misdemeanor  to  vote  in  violation  of  charter .  119 

misdemeanor  to  buy  in  any  city  indebtedness .  120 

shall  not  sell  city  order  or  indebtedness  for  less  than  face 

value . . .  123 

not  to  be  appointed  or  elected  to  any  other  office  (exception)  123 

shall  receive  no  salary  .  125 

misdemeanor  to  receive  any  compensation  (exception) .  119 


ALLEYS  (see  Streets  and  Alleys)  — 

AMBULANCE— 

chief  of  police  to  have  charge  of . .  167 

ANCHORING  PLACES 
for  boats . 


ANIMALS— 

may  be  restrained  from  running  at  large . .  63 

not  to  run  at  large .  186 


234 


58 

96 

111 


INDEX. 


297 


ANIMALS — continued.  Page 

penalty  for  allowing  animals  to  run  at  large  . . . . .  186 

board  of  health  may  order  dogs  muzzled .  186 

not  to  be  slaughtered  in  city  .  182 

disposition  of  dead  animals .  182 

not  to  pass  or  be  driven  over  sidewalks .  222 

cruelty  to,  forbidden  .  227 

indecent  exhibition  of,  forbidden  .  235 

ANNUAL  BUDGET  (see  Funds)  — 

finance  committee  to  prepare  .  187 

when  to  be  prepared . , .  187 

what  to  contain  . 187 

council  to  act  upon  and  apportion  revenues .  187 

council  may  set  aside  10%  revenue  as  appropriated  funds...  187 
moneys  apportioned  not  to  be  used  for  other  purpose  than  for 

which  appropriated  .  187 

if  revenue  falls  below  amount  appropriated,  appropriations 

to  be  reduced  pro  rata . 187 

if  revenues  exceed  appropriations,  balance  to  be  added  to 
unappropriated  balance  .  187 

APPEALS— 

from  award  of  jurors  in  opening  streets  .  74 

proceedings  on  appeal  .  74,  75 

costs  on  appeal  .  75 

from  disallowance  of  claim .  97 

manner  of  taking  an  appeal  . 97,  98 

clerk  to  notify  mayor  and  council  of  appeal  .  98 

bond  on  appeal  .  97,  98 

from  action  of  council  on  report  of  “board  of  assessors”....  112 

notice  of  appeal  .  112 

costs  on  appeal  . 113 

by  land  owner  from  assessments  for  improvements .  131 

is  exclusive  remedy  of  land  owner  .  132 

APPLICATIONS— 

for  permit  to  place  building  materials  in  streets .  206 

for  permit  to  move  buildings  along  streets  .  207 

for  permit  to  make  excavations  in  streets .  207 

APPOINTMENTS— 

of  officers  to  be  approved  by  council  .  54 


298 


INDEX. 


APPROACHES —  Page 

to  halls,  etc.,  not  to  be  obtructed  .  231 

plank,  prohibited  on  paved  streets  .  222 

APPROPRIATIONS— 

no  appropriation  to  be  made  except  by  majority  of  council. .  69 

certifications  of,  shall  be  made  to  treasurer  by  mayor  and 

clerk  .  95 

treasurer  to  pay  appropriations  and  file  the  certificates 

thereof .  96 

shall  specify  funds  from  which  to  be  paid .  187 

not  to  be  used  for  other  purpose  than  for  which  appropri¬ 
ated  (exception)  .  187 

not  to  be  made  in  excess  of  amount  appropriated  therefor.. 

(exception)  .  187 

if  revenue  falls  below  amounts  appropriated,  appropriations 

to  be  reduced  pro  rata  .  187 

if  revenues  exceed  appropriations,  excess  to  be  added  to  un¬ 
appropriated  balance .  187 

AREAS— 

not  to  extend  into  street  .  209 

ARREST— 

when  peace  officers  may  make,  without  process .  117 

issue  of  warrants  for  .  124 

ASHES— 

council  may  regulate  the  deposit  of .  99 

repositories,  how  to  be  constructed  .  168 

not  to  be  placed  in  streets  or  on  sidewalks .  217 

when  may  be  placed  in  streets  .  218 

not  to  be  scattered  on  streets .  220 

ASSEMBLAGES,  DISORDERLY— 

council  may  prevent  .  62 

ASSEMBLIES— 

not  to  be  disturbed  .  227 

ASSESSMENT  ROLL— 

council  may  prescribe  form  of  . 

council  may  make  rules  relating  to .  89 


INDEX. 


209 


ASSESSMENT  ROLL — continued.  •  Page 

clerk  to  transmit  roll  to  county  clerk  .  92 

equalization  of  . . .  92 

clerk  to  fill  out  roll  and  file  same .  95 

ASSESSMENTS— 

on  property  benefited  on  opening  streets,  etc .  76 

modification  of  assessment .  76 

how  collected  .  76 

assessment  of  whole  expense  .  83 

for  public  improvements  .  83 

assessment  of  amount  to  each  lot  or  parcel .  83 

estimate  of  amount  of  grading  .  83 

estimate  to  be  filed  .  85 

supervision  of  . 84 

for  deep  cutting  and  extraordinary  filling .  85 

for  street  improvements  .  85 

how  property  assessed  . .  89 

council  may  define  duties  of  assessors  .  89 

council  may  prescribe  form  of  assessment  roll  .  89 

council  may  make  rules  relating  to  assessment  roll  .  89 

assessment  roll  to  be  transmitted  to  county  clerk  .  92 

equalization  of  assessment  roll  .  92 

to  remain  a  lien  upon  property  until  paid .  92 

no  error  shall  affect  the  validity  of  an  assessment .  95 

for  construction,  alteration  and  repair  of  sewers  and  drains  106 

how  assessments  for  sewers,  etc.,  made .  106,  108, 113 

“board  of  assessors’’  to  assess  costs  of .  109 

may  be  made  on  land  for  improving  streets .  128 

to  be  in  proportion  to  frontage .  129 

for  crossings,  to  be  against  city .  129 

report  of  assessments  made  to  be  filed .  130 

notice  of  assessment  for  improvements  .  130 

hearing  on  report  of  assessments  for  improvements  made.  .  .  130 

notice  of  action  of  council  on  report  of  assessments  made.  . .  130 
notice  of  final  determination  on  report  of  assessments  made  131 

remedy  of  land  owner  on  report,  by  appeal  .  131 

remedy  is  exclusive  .  131 

improvement  bonds  to  cover  assessments  paid  by  levy  of 
special  tax  .  135 


ASSESSOR  (see  City  Assessor)  — 


300 


INDEX. 


ASSISTANT  CHIEF  ’OF  FIRE  DEPARTMENT—  Page 

to  devote  whole  time  to  department  .  159 

salary  of  .  159 

to  act  in  absence  or  disability  of  chief .  160 

when  may  order  destruction  of  property  to  prevent  fire .  161 

ATTORNEY  (see  City  Attorney)  — 

AUCTIONEERS— 

must  have  a  license  .  170 

license  fee,  bond  . 170, 171 

to  make  a  monthly  report  .  171 

to  keep  a  sale  book  .  171 

AUCTIONS— 

council  may  regulate  .  66 

council  may  license  sale  of  goods  at  auction . .  66 

must  have  a  license  to  sell  at  auction .  170 

how  license  granted — duration  .  170 

license  fee — bond  . 170,  171 

two  per  cent,  fee  on  auction  sales .  171 

AUTOCYCLES— 

not  to  be  run  faster  than  12  miles  per  hour  .  230 

to  be  provided  with  brakes,  bells,  lights .  230 

how  run  on  streets  .  230 

AUTOMOBILES— 

not  to  be  run  faster  than  12  miles  per  hour  .  230 

to  be  povided  with  brakes,  bells,  lights .  230 

how  run  on  streets  .  230 

AWNINGS— 

how  constructed  .  218 

height  .  218 

plans  and  specifications  to  be  prepared  by  surveyor .  218 

penalty  for  failure  to  properly  construct  or  to  remove .  218 

AYES  AND  NOES— 

vote  to  issue  certificates  of  city  indebtedness  to  be  by. .  88 


INDEX. 


301 


B. 

BALCONIES—  Page 

not  to  extend  into  streets  .  209 

BALLOT— 

elections  by  people  to  be  by .  51 

BANKRUPT  STOCK— 

must  have  a  license  to  sell  .  174 

license  how  obtained  .  174 

license  fee  to  sell .  174 

BANKS— 

council  may  designate,  for  deposit  of  city  funds .  126 

BARBER  SHOPS— 

to  be  closed  on  Sundays  .  226 

BARB  WIRE  FENCES— 

deemed  nuisances .  200 

BATH  HOUSES— 

chief  of  police  to  have  charge  of  .  167 

BATHING— 

council  may  regulate  .  63 

when  suits  to  be  worn  .  236 

BAY  WINDOWS— 

not  to  extend  into  street  .  209 

BELL  SIGNALS— 

to  be  used  by  boats  .  234 

BICYCLES— 

to  be  provided  with  lamps  at  night .  230 

not  to  run  faster  than  12  miles  per  hour .  280 


302 


INDEX. 


.BIDS  Page 

council  may  advertise  for,  and  let  to  lowest  bidder .  76 

for  construction  and  repair  of  sidewalks  . . .  79 

for  public  improvements,  how  let  and  published .  83-84 

for  materials,  etc.,  for  waterworks  . .  105 

for  construction  of  sewers  and  drains  .  107 

city  contracts  to  be  let  to  lowest  bidder  (exception) .  116 

for  improvement  of  streets,  etc .  132 

bids  may  be  rejected  .  132 

for  public  works,  etc.  Bond,  deposit,  etc .  142 

action  where  bidder  is  incompetent  .  142 

clerk  to  advertise  for,  to  construct  sidewalks  .  216 

bidders  to  enter  into  contract  with  city  .  217 

damages  for  failure  of  bidder  to  enter  into  contract .  217 

bond  of  bidder,  surety . 217 

character  of  bid  to  repair  sidewalks  .  217 

BILLIARD  TABLES— 

council  may  license  .  61 

must  have  a  license  for  . .  173 

minors  not  to  play  on  licensed  tables  .  225 

BIRDS— 

destruction  of,  prohibited  .  224 

BOARD  OF  CEMETERY  COMMISSIONERS— 

appointment  of  .  189 

management  of  cemeteries  vested  in .  189 

term  of  office .  189 

not  to  hold  any  other  city  office  .  189 

to  appoint  superintendent  and  sexton  .  189 

to  have  control  of  cemetery  fund  .  190 

limitation  of  expenditures  by  .  190 

to  expend  trust  funds  for  purposes  designated  .  190 

to  make  an  annual  report  .  191 

to  file  annual  report  with  city  clerk  .  191 

BOARD  OF  EDUCATION— 

names  of  board.  1857-1904  .  33-39 

election  of  members  of  council  as  member  of  board  .  59 

term  of  office  of  council  member  of  board .  59 

per  cent  of  tax  levy  to  diminish  school  debt  .  91 


INDEX.  303 


BOARD  OF  EDUCATION — continued.  Page 

per  cent  of  tax  levy  for  current  school  expenses .  91 

shall  have  control  of  schools  .  116 

may  permit  instruction  in  modern  languages  .  116 

mayor  ex-officio  member  of  .  116 

make  annual  report  to  council  .  116 

how  money  paid  from  treasury  of  board  .  116 

special  law  allowing  board  to  borrow  money  and  issue  scrip  148 
special  law  allowing  commissioners  of  public  lands  to  loan 

money  to .  148 

BOARD  OF  ELECTION  CANVASSERS— 

who  constitute  .  51 

BOARD  OF  HEALTH— 

members  of  board,  1884-1904  .  40-42 

council  may  establish  and  regulate . 

council  to  elect  .  179 

organization  of  board  .  179 

to  elect  a  physician,  as  health  officer  .  179 

health  physician,  an  ex-officio  member  of .  179 

may  elect  a  health  inspector  .  179 

may  make  rules  and  regulations  relating  to  public  health...  179 

shall  publish  rules  and  regulations  .  180 

may  order  removal  of  nuisances  .  180 

notice  to  remove  nuisances  to  persons  receiving  rent,  deemed 

notice  to  owner .  180 

may  order  health  inspector  or  chief  of  police  to  examine 

premises  . 181 

may  direct  the  removal  of  afflicted  persons .  182 

may  direct  the  destruction  of  infected  clothing .  182 

may  order  dogs  to  be  muzzled .  168 

BOARD  OF  POLICE  AND  FIRE  COMMISSIONERS— 

members  of  Board,  1897-1904  .  32 

appointment  (see  secs.  959 — 40  to  959 — 46,  R.  S.  of  1898). 

to  appoint  chief  of  fire  department .  159 

to  approve  appointment  of  assistant  chief,  captain  and  elec¬ 
trician  .  159 

to  furnish  lists  from  which  chief  to  appoint  other  members.  159 
distribution  of  members  of  fire  department  under  direction  of  159 
to  prepare  rules  for  regulation  and  government  of  members.  160 


INDEX. 


304 


BOARD  OP  POLICE  AND  FIRE  COMMISSIONERS— con.  Page 

to  appoint  chief  of  police  .  166 

to  approve  appointment  of  captain  and  detective  .  166 

to  furnish  lists  from  which  chief  of  police  to  appoint  other 

members .  166 

BOARD  OF  PUBLIC  WORKS— 

to  consist  of  city  attorney,  surveyor  and  comptroller .  139 

may  include  other  officers  by  two-thirds  vote  of  council .  139 

officers  of,  clerk  to  act  as  secretary  .  139 

compensation  of  .  140 

quorum  of  board  .  141 

council  may  make  rules  for  government  of .  140 

shall  keep  a  record  and  report  to  council  .  141 

general  duties  of  .  141 

may  require  engineer  to  make  report .  140 

may  assess  damages  and  benefits  for  changes  of  grades,  etc.  129 
to  make  report  of  assessments  of  damages,  etc.,  for  improve¬ 
ments  .  130 

to  file  final  report  of  assessments  of  damages  with  clerk....  130 

permit  from,  necessary  before  obstructing  streets .  141 

permit  from,  necessary  to  move  buildings  in  streets .  141 

to  direct  time,  etc.,  of  using  streets  to  lay  pipes,  erect  poles, 

etc .  141 

in  case  of  neglect  may  repair  streets  at  expense  of  property 

owner .  141 

expense  of  such  report  to  be  collected  by  special  tax .  141 

duties  as  to  letting  of  contracts  for  improvements,  etc.  ...  132-142 

may  reject  bids  relating  to  improvements .  132 

action  of  board  when  bidders  incompetent .  142 

conditions  in  contracts  relating  to  accidents  .  143 

liabilities  of  contractors  in  relation  to  public  works .  143 

may  make  estimate  of  value  as  work  progresses .  143 

not  to  return  deposits  of  successful  bidders  till  work  com¬ 
pleted  .  143 

BOARD  OF  SEWAGE  ASSESSORS— 

how  constituted  and  term  of  office .  109 

members  of,  to  take  an  oath .  109 

to  deposit  copy  of  report  and  diagram  with  clerk .  110 

report  and  diagram  to  contain  what .  110 

publication  of  notice  of  filing  report  .  Ill 


INDEX. 


305 


BOARD  OF  SEWAGE  ASSESSORS— continued.  Page 

objections  to  report  of,  manner  of  making  and  filing  . .  Ill 

to  transmit  final  report  to  council  .  Ill 

compensation  of  .  113 

BOARD  OF  WATER  COMMISSIONERS— 

list  of  members  of,  1884-1904  .  30-31 

council  may  appoint  .  105 

to  have  entire  management  of  department .  105 

council  to  elect .  193 

term  of  office  .  193 

mayor  and  one  alderman  ex-officio  members  of  .  193 

organization  of  board  .  193 

to  have  charge  of  water  works .  193 

general  powers .  193 

to  make  an  annual  report .  193 

to  elect  superintendent  of  water  works  .  194 

to  audit  accounts  of  department .  194 

rules  of  board,  a  part  of  all  water  contracts .  194 

to  determine  amount  city  shall  pay  for  use  of  water .  196 

may  apply  surplus  revenues  .  196 

BOARDS— 

not  to  be  placed  in  streets  or  on  sidewalks .  217 

exception .  248 

BOAT  HOUSES— 

to  be  removed  from  lake  ends  of  street .  220 

BOATS— 

to  display  proper  lights  .  334 

to  carry  life  preservers  .  234 

sail  boats  to  display  lights  .  234 

steamboat  to  give  sail  boat  advantage .  234 

chief  of  police  to  designate  anchoring  places  of  .  234 

BONDS— 

K4 

certain  officers,  to  give  . . . 

additional,  may  be  required  from  officers  .  54 

superintendent  of  streets  to  give  .  81 

nay  be  required  from  petitioners  in  cases  of  deep  cutting, 

etc .  85 


20 


306 


INDEX. 


BONDS — continued.  Page 

issue  of,  for  street  improvements  .  86,  88 

issue  of,  to  refund  existing  indebtedness  .  88 

special  street  improvement .  86 

may  be  received  for  any  special  tax  .  86 

bonds  for  improvements  of  crossings  .  86 

council  may  issue,  for  construction  of  waterworks .  88 

two-thirds  vote  of  council  necessary  .  88 

not  to  be  sold  below  par .  88 

on  appeal  from  disallowed  claim  .  97,  98 

on  appeal  from  action-  of  council  on  report  of  “Board  of 

Assessors”  .  112 

person  prosecuting  in  name  of  city  to  give .  117 

council  may  purchase  outstanding  .  125 

coupons  on,  receivable  for  taxes  .  122 

cancellation  of  coupons .  122 

change  of  deposits  in  banks  not  increase  liability  on  treas¬ 
urer’s  .  126 

improvement,  notice  of  issue  of .  134 

improvement,  issue  and  execution  of  .  134 

improvement,  term  and  sale  of  .  135 

improvement,  payment  of  .  135 

improvement,  foreclosure  of .  136 

improvement,  a  lien  against  lands  assessed  .  136 

required  of  bidders  for  public  works .  142 

drain  layers  to  give  .  175 

cement  walk  layers  to  give  .  176 

superintendent  of  waterworks  to  give .  194 

required  of  bidders  to  construct  sidewalks  .  217 

BOOKS— 

to  be  delivered  to  successors  in  office  .  58 

fine  for  failure  to  deliver  books,  etc.,  to  successor .  58 

indecent,  not  to  be  sold  or  given  away .  235 

BORROWING  MONEY— 

prohibition  upon  council .  88 

BOUNDARIES  (see  City  and  Ward  Boundaries)  — 

city,  original  .  45 

ordinance  1296  annexing  territory  and  creating  10th  ward..  156 


INDEX.  307 


BOUNDARIES — continued.  Page 

special  laws  changing,  for  school  purposes: 

chap.  244.  laws  of  1883  .  145 

chap.  362,  laws  of  1885  .  146 

chap.  234,  laws  of  1893  .  146 

chap.  309,  laws  of  1893  .  147 

BOWLING  SALOONS  AND  ALLEYS— 

council  may  license .  61 

must  have  a  license  .  173 

BOXES— 

not  to  he  placed  in  streets  or  on  sidewalks .  217 

exception .  218 

BREAD— 

council  may  establish  the  weight  of  .  64 

BUILDING  MATERIAL— 

not  to  be  placed  on  streets  without  a  permit .  205 

granting  of  permit  to  place  on  streets .  205 

application  for  permit  to  place  on  streets .  206 

when  placed  on  streets  to  be  lighted  at  night .  206 

penalty  for  placing  on  streets  without  permit .  206 

not  to  be  placed  on  sidewalks . . 217,  218 

BUILDINGS— 

council  may  prescribe  construction  of,  in  fire  limits .  98 

council  may  prohibit  repair  of .  98 

council  may  prescribe  construction  of  chimneys,  etc .  98-9 

inspection  of,  to  guard  against  fire  .  100 

permit  from  board  of  public  works  necessary  to  move .  141 

special  law  authorizing  city  to  build  or  remodel  city  hall.  . .  .  149 

construction  of,  within  fire  and  fire  warden’s  limits . 162,  163' 

wooden,  rebuilding  of,  when  damaged  by  fire .  163 

wooden,  when  deemed  a  nuisance  .  164 

wooden,  penalty  for  violating  ordinances  relating  to .  164 

razing  of,  when  deemed  a  nuisance .  164 

wooden,  ascertainment  of  damages  to,  by  fire .  163 

examination  of,  by  board  of  health  .  180 

refusal  of  entry  to .  180 

complaint  may  be  made  for  refusal  of  entry .  180 


308 


INDEX. 


BUILDINGS — continued.  Page 

issue  of  warrant  to  enter  .  180 

owners  to  number  .  197 

manner  of  numbering .  197 

penalty  for  neglect  to  number .  197 

not  to  be  moved  along  streets  without  permit .  206 

not  to  encroach  upon  streets,  etc .  209 

dangerous,  erection  or  maintenance  of  . 229,  230 

council  may  upon  notice  order  removal  .  230 

dangerous,  manner  of  giving  notice  to  remove .  230 

dangerous,  deemed  nuisance  .  230 

upon  failure  to  remove,  chief  of  police  may  remove .  230 

dangerous,  fine  for  failure  to  remove  .  230 

BURDOCK— 

owners  of  lots  to  remove .  201 

BURIAL  PERMIT—. 

permits  must  be  had  for  burial .  191 

BURIALS— 

council  may  regulate .  64 

application  for  permit  made  to  superintendent  of  cemetery..  191 

fee .  1^1 

no  burial  unless  lot  paid  for  .  192 

BURNING  OF  COMBUSTIBLE  MATERIAL— 

when  deemed  a  nuisance .  200 

BYSTANDERS— 

may  be  called  upon  to  suppress  riots,  etc . 59,  167 

penalty  for  refusal  to  assist . 59,  167 

may  oe  called  upon  to  assist  at  fires  .  161 

penalty  for  refusal  to  assist .  161 


INDEX. 


309 


CABS  (see  Hacks)  — 

Page 

CALL  MEN— 

number  of,  in  fire  department  .  159 

salary  of  .  160 

forfeiture  of  salary  .  160 

dismissal  for  failure  to  attend  alarms  .  160 

CANADA  THISTLES— 

owners  of  lots  to  remove .  201 

CAPITOL  PARK— 

act  authorizing  governor  to  co-operate  with  city  in,  paving 

about  the  park  .  151 

CAPTAIN  OF  FIRE  DEPARTMENT— 

to  devote  whole  time  to  .  159 

to  have  charge  of  station  in  6th  ward  .  159 

salary  of .  160 

CAPTAIN  OF  POLICE— 

member  of  police  department .  166 

to  be  appointed  by  chief  with  approval  of  board .  166 

to  serve  as  chief  in  his  absence  or  disability .  166 

to  devote  whole  time  to  department .  166 

salary  of  .  168 

CARAVANS— 

council  may  license .  61 

to  pay  a  license .  170 

CARCASSES— 

council  may  control  disposition  of  .  64 

disposition  of  dead  animals  .  182 

CARRIAGES  (see  Wagons,  Vehicles)  — 

not  to  obstruct  streets,  etc .  219 


310 


INDEX. 


CARS—  Page 

persons  forbidden  to  climb  upon,  while  in  motion  .  233 

children  forbidden  to  catch  on .  233 

CASKS— 

not  to  be  placed  in  streets  or  on  sidewalks .  217 

exception .  218 

CATCH  BASIN— 

size — location  of .  204 

CATLIN  MEMORIAL  CHAPEL— 

acceptance  of,  by  city .  192 

placed  in  charge  of  board  of  commissioners .  192 

CATTLE  (see  Animals)  — 

may  be  restrained .  63 

not  to  run  at  large .  186 

penalty  for  allowing  to  run  at  large .  186 

not  to  be  slaughtered  in  city .  182 

CELLAR  DOORS— 

not  to  extend  into  streets .  209 

not  to  be  left  open .  231 

CELLARS— 

health  inspectors  to  examine  .  182 

CEMENT  WALK  LAYERS— 

must  have  a  license .  175 

fee  for  license .  176 

bond  to  be  approved  by  mayor  and  clerk  .  176 

renewal  of  license  .  176 

CEMETERY  COMMISSIONERS  (see  Board  of  Cemetery  Commis¬ 
sioners) — 

CEMETERIES  (see  chap.  IX  of  Ordinances)  — 

council  may  provide  for .  64 

per  cent  of  tax  levy  may  be  set  apart  for . .  91 

official  map  of  Forest  Hill  cemetery  .  188 


INDEX. 


311 


CEMETERIES — continued.  Page 

sale  of  lots  under  control  of  superintendent  subject  to  rules 

of  commissioners  and  council  .  189 

conveyance  of  lots  to  be  by  deed .  189 

execution  of  conveyance  of  lots .  189 

recording  of  deeds  of  lots .  189 

appointment  of  board  of  commissioners  of  cemeteries .  189 

management  of,  vested  in  commissioners  .  189 

duties  of  commissioners  .  189 

appointment  of  superintendent  of,  duties .  189 

appointment  of  sexton,  duties . 189 

cemetery  moneys,  expenditure  of  .  190 

cemetery  improvements .  190 

commissioner  of  cemetery,  trust  funds .  190 

duty  of  commissioner  of  trust  funds .  190 

annual  report  of  board  of  commissioners .  191 

burial,  record  of .  191 

fast  driving  prohibited  in  grounds .  191 

no  burial  unless  lot  paid  for .  192 

portion  of  cemetery  set  apart  for  burial  of  soldiers  .  192 

Catlin  Memorial  Chapel .  192 

acceptance  of  chapel  by  city . • .  192 

penalty  for  injury  to  monument  or  grounds  or  taking  of 
flowers .  192 

CEMETERY  TRUST  FUNDS— 

appointment  of  commissioner  of .  190 

treasurer  to  issue  a  receipt  for  trust  funds .  190 

treasurer  to  pay  over  funds  and  give  duplicate  receipt  to  com¬ 
missioner  .  190 

duty  of  commissioner  as  to  trust  funds  .  190 

to  make  report  to  board  of  commissioners .  191 

CERTIFICATE— 

contractor  entitled  to,  on  completion  of  street  improvement  133 

after  nine  months,  conclusive .  133 

payment  of .  133 

CERTIFICATES  OF  APPROPRIATIONS— 

how  issued . 69,  70,  88,  95,  96 

clerk  to  keep  accurate  account  of .  56 

treasurer  need  file  with  clerk  no  duplicate  receipt  of  payment 
of .  187 


312 


INDEX. 


CERTIFICATES  OF  INDEBTEDNESS  (see  Certificates  of  Appro¬ 
priations)  . .  Page 

CESS  POOLS— 

health  inspector  to  examine .  182 

construction  and  cleaning  of .  183 

CHALLENGES  .  52 

CHARTER  (see  City  Charter)  — 

CHICORY— 

owners  of  lots  to  remove  .  201 

CHIEF  OF  FIRE  DEPARTMENT— 

council  to  elect  .  100 

council  to  prescribe  duties .  100 

may  arrest  for  disobedience  of  orders .  100 

to  appoint  assistant  chief,  captain  and  electrician .  159 

to  appoint  other  members  from  approved  lists .  159 

to  be  responsible  for  efficiency  of  department .  159 

salary  .  159 

to  report  absences  of  call  men  to  board .  160 

to  have  control  of  members  and  property .  160 

to  keep  a  record  .  160 

to  make  yearly  report  to  council  .  160 

may  order  destruction  of  property  to  prevent  spread  of  fire. .  161 

to  have  control  of  fire  alarm  telegraph . 161,  162 

chief  or  police  officer  may  cut  wire  endangering  fire  alarm 

telegraph .  162 

water  not  to  be  taken  from  public  cistern  without  consent  of  164 
duty  of,  in  relation  to  weeds  endangering  buildings  by  fire.  164,  165 
duty  of,  in  relation  to  the  stacking  of  hay .  165 

CHIEF  OF  POLICE  (see  Police,  Policemen)  — 

names  of  chiefs  1857-1904  .  3-29 

to  give  a  bond  .  54 

salary  of . 54,  168 

how  appointed  . 54,  166 

power  of  a  constable .  57 

authority  limited  to  city  limits  (exception)  .  59 

to  summon  jury  to  assess  damages  for  deep  cutting  and  filling  84 


INDEX. 


313 


CHIEF  OF  POLICE — 'continued.  Page 

duties  of  . 57,  166,  167 

council  to  audit  books  of  .  70 

to  exercise  general  supervision  over  police  department .  166 

to  suppress  riots,  etc . .  166 

to  enforce  ordinances  and  prosecute  violations  thereof .  166 

to  prevent  gambling  and  immorality  .  166 

to  apprehend  persons  violating  state  laws .  166 

to  have  charge  of  public  bath  houses,  patrol  wagons,  ambu¬ 
lances  .  167 

to  prosecute  persons  selling  liquor  without  license . .  167 

to  report  to  council  violation  of  ordinances  and  excise  laws.  167 

to  keep  record  of  moneys  received  by  him .  167 

to  make  report  to  council  .  167 

to  appoint  a  dog  catcher .  178 

to  examine  premises  when  requested  by  board  of  health .  181 

may  remove  persons  afflicted  with  contagious  diseases .  182 

may  destroy  infected  clothing .  182 

to  kill  dogs  not  muzzled  .  186 

to  complain  of  persons  maintaining  stall  saloons .  226 

may  remove  dangerous  buildings .  230 

to  designate  anchoring  places  of  boats .  234 

to  seize  gaming  devices  .  236 

CHILDREN— 

forbidden  to  catch  on  cars  .  233 

% 

liability  of  parent  or  guardian  permitting  child  to  catch  on 
cars .  233 

CHIMNEYS,  ETC.— 

council  may  prescribe  manner  of  construction  of .  98 

emission  of  dense  smoke,  etc.,  from,  a  nuisance .  200 

CIRCUSES— 

council  may  license .  61 

to  pay  a  license .  170 

CISTERNS— 

council  may  build  .  61 

consent  of  chief  of  fire  department  necessary  to  take  water 

from .  16*4 

penalty  for  taking  water  from  .  164 

not  to  be  befouled . 236 


INDEX. 


314 


CITIZENS—  Page 

may  be  called  upon  to  suppress  riots,  etc . 59,  167 

penalty  for  refusal  to  assist . 59,  167 

may  be  called  upon  to  assist  at  fires .  161 

penalty  for  refusal  to  assist  .  161 

CITY  ASSESSOR— 

names  of  assessors,  1858-1904  .  4-29 

term  of  office .  59 

'  elected  by  common  council  .  59 

duties  of .  59 

compensation  of .  59 

duties  as  to  poll  tax .  80 

have  same  powers,  etc.,  as  township  assessors .  89 

council  may  more  fully  define  duties  of .  89 

CITY  ATTORNEY— 

names  of  city  attorneys,  1856-1904  .  3-29 

election  of,  by  council .  59 

duties  of,  in  opening  of  streets .  73 

member  of  board  of  public  works  .  139 

salary  of,  as  member  of  board  of  public  works  .  140 

CITY  BOUNDARIES— 

description  of,  in  charter  .  48 

ordinance  1296  annexing  territory  and  creating  10th  ward.  . .  .  156 

chap.  244,  laws  of  1883,  detaching  part  of  the  4th  ward .  145 

special  laws  changing  boundaries  for  school  purposes: 

chap.  362,  laws  of  1885  .  146 

chap.  234,  laws  of  1893  . . .  146 

chap.  309,  laws  of  1893  .  147 

CITY  CHARTER— 

not  modified  by  general  laws .  119 

when  to  take  effect  .  125 

CITY  CLERK— 

names  of  city  clerks,  1856-1904  .  3-29 

duties  of .  56 

power  to  administer  oaths .  56 

clerk  pro  tern .  56 

to  record  ordinances  and  affidavits  of  publication .  70 


INDEX.  315 


“CITY  CLERK — continued.  Page 

council  to  audit  books  of  clerk  .  70 

to  receive  bids  for  reconstruction,  etc.,  of  sidewalks .  79 

to  present  bill  for  repairs  on  sidewalks .  80 

to  transmit  assessment  roll  to  supervisors .  92 

to  receive  from  supervisor  certified  amount  of  tax  levied.  ...  92 

to  fill  out  assessment  roll .  93 

to  make  out  tax  list .  93 

to  transmit  duplicate  copy  of  list  and  warrant  to  treasurer. .  93 

to  record  delivery  of  list  to  treasurer  .  94 

to  certify  appropriations  to  treasurer .  96 

to  transmit  record  on  appeal  from  claim .  98 

to  notify  mayor  and  council  of  appeal  .  98 

to  keep  record  of  members  of  sack  companies .  101 

to  keep  separate  accounts  of  all  contracts,  receipts  and  dis¬ 
bursements,  relating  to  water  department .  104 

to  publish  notice  of  filing  of  plans  for  sewers  and  drains  ....  107 

to  sign  licenses  .  120 

to  report  to  council  amount  of  fines  collected  and  costs  of 

prosecutions  . • .  123 

to  give  notice  of  action  on  report  of  assessments  of  improve¬ 
ments  .  130 

to  give  notice  of  final  determination  on  report  of  assessments 

made  .  131 

to  sign  improvement  bonds .  134 

to  prepare  record  of  assessments  and  improvement  bonds. . .  135 

shall  record  changes  of  grades  of  streets .  127 

to  act  as  secretary  of  board  of  public  works .  139 

to  sign  contracts  relating  to  public  works .  143 

to  keep  a  list  of  all  licenses .  169 

to  give  list  of  licenses  to  chief  of  police .  170 

a  member  of  license  board .  170 

to  issue  show  licenses .  170 

auction  license  to  be  signed  by  .  170 

clerk  to  compare  statement  of  auctioneers  with  sale  book..  171 

to  approve  bonds  of  drain  and  cement  walk  layers . 175,  176 

to  countersign  receipts  given  by  treasurer .  186 

to  file  duplicate  receipts  of  treasurer .  187 

to  charge  treasurer  with  amount  received  .  187 

to  provide  rooms  in  city  hall  for  library .  188 

to  keep  a  record  of  all  permits  granted .  208 

a  member  of  street  assessment  committee .  205 

to  advertise  for  bids  to  construct  sidewalks  .  216 


INDEX. 


Q 

O 


16 


CITY  HALL — -  Page 

special  law  allowing  city  to  build  or  remodel .  149 


CITY  MONEYS  (see  Funds,  Appropriations)  — 


CITY  OF  MADISON— 

lists  of  city  officers,  1856-1904  .  3-46 

boundaries  (see  Boundaries). 

corporate  powers  of  city  .  47 

date  of  incorporation  .  47 

lawful  successor  to  all  property,  etc.,  of  village  of  Madison  115 

limitation  on  city  to  contract  debt .  94 

failure  to  hold  elections  not  to  suspend  corporation .  118 

may  hold,  sell  and  convey  property .  119 

city  property  exempt  from  taxation .  119 

when  to  care  for  paupers  .  120 

may  open,  pave  and  improve  streets  .  128 

may  pay  expense  of  opening,  etc.,  streets  .  128 

not  liable  for  expense  where  assessments  made  (exception)  128 

to  pay  expense  of  laying  crosswalks  .  129 

may  build  or  remodel  city  hall  .  149 

may  remit  taxes  on  opera  house  .  149 

CITY  SURVEYOR— 

names  of  city  surveyors,  1856-1904  .  3-29 

election  of,  by  council  .  59 

qualifications  of  .  60 

place  of  office,  compensation  of  .  60 

surveys,  plans,  profiles  of,  the  property  of  the  city .  60 

surveys,  plans,  profiles  of,  open  to  inspection  .  60 

to  make  surveys,  plans,  etc.,  for  sewers  and  drains  .  106 

plans,  how  made  and  what  to  contain  .  107 

to  file  plans  in  office  of  city  clerk .  107 

to  act  as  member  of  board  of  assessors  .  108 

to  keep  office  where  council  directs . . .  139 

to  be  member  of  board  of  public  works .  139 

salary  as  member  of  board  of  public  works  .  139 

duties  of,  as  member  of  board  of  public  works .  139 

to  make  report  to  board  of  public  works .  140 

to  keep  on  file  in  office  of  clerk  a  record  of  list  of  official 

acts,  plats,  etc .  140 

to  have  supervision  of  sewers  and  drains .  201 


INDEX.  317 


CITY  SURVEYOR— continued.  Page 

to  endorse  specifications  on  permit  to  lay  drain  .  202 

to  keep  a  record  of  all  connections  with  sewers .  202 

when  may  order  connections  made  with  sewers .  202 

to  determine  the  dimensions  of  catch  basins .  204 

member  of  street  assessment  committee  .  205 

with  mayor  and  superintendent  of  streets  to  grant  permits 

to  erect  poles  .  210 

conduits  to  be  approved  by  surveyor,  mayor  and  superinten¬ 
dent  of  streets .  212 

written  consent  of  mayor,  surveyor  and  superintendent  of 

streets  necessary  to  lay  conduits  .  213 

conduits  to  be  laid  under  direction  of .  213 

to  notify  clerk  of  failure  to  construct  sidewalks .  216 

to  establish  grades  for  sidewalks .  217 

to  prepare  plans  and  specifications  for  awnings .  218 

CITY  TREASURER— 

names  of  city  treasurers,  1856-1904  .  3-29 

an  elective  officer  .  50 

term  of  office .  50 

to  give  a  bond .  54 

duties  of  .  56 

annual  report  of .  56 

compensation  of  .  56 

salary  of  .  56 

fees  of,  in  collecting  poll  tax  .  81 

misdemeanor  to  pay  out  funds  for  purposes  other  than  for 

which  raised  .  90 

treasurer  to  transfer  water  fund .  89 

treasurer  to  collect  taxes  .  94 

subject  to  like  powers,  etc.,  as  town  treasurer .  94 

fees  of  treasurer  to  be  paid  into  general  fund .  94 

fees  for  collection  of  delinquent  taxes .  94 

to  make  delinquent  tax  list  .  94 

not  to  accept  tax  certificate  from  county  treasurer .  95 

to  pay  appropriations  and  file  certificate  thereof .  96 

council  may  remove  for  neglect .  96 

to  keep  water  fund  .  103 

to  report  disbursements  from  water  fund  to  council .  103 

duties  as  to  redemption  and  deeding  of  delinquent  lands. . . .  121 

not  liable  for  moneys  when  deposited  in  designated  bank  . . .  126 


318 


INDEX. 


CITY  TREASURER — continued.  Page 

to  pay  interest,  etc.,  of  improvement  bonds  out  of  special 

fund  .  135 

not  to  receive  moneys  without  giving  receipt,  except  for 

taxes .  186 

to  have  receipt  for  moneys  countersigned  by  clerk .  186 

to  file  duplicate  receipt  with  clerk  .  186 

to  furnish  clerk  with  duplicate  receipt  for  moneys  paid .  187 

liability  of  treasurer  for  violation  of  chap.  VI  of  ordinances  187 

CLAIMS— 

no  action  on,  until  presented  to  council  .  97 

disallowance  by  council  final  except  for  appeal .  97 

if  disallowed,  council  shall  not  again  entertain  .  97 

appeal  from  disallowance  of  .  97, 98 

none  for  interruption  of  water  supply  .  196 

CLAIRVOYANTS— 

must  have  a  license  .  178 

CLERK  (see  City  Clerk)  — 

CLERKS  OF  ELECTION— 

appointment  of  .  50 

duties  of  . 50,  51,  52,  53 

COCKLE-BURR— 

owners  of  lots  to  remove .  201 

COMMISSIONER  OF  CEMETERY  TRUST  FUNDS— 

(see  Cemeteries  and  Cemetery  Trust  funds.) 

COMMISSIONER  OF  NOXIOUS  WEEDS— 

to  notify  lot  owner  of  noxious  weeds  .  201 

COMMON  COUNCIL— 

acting  mayor  .  55 

assessment  roll,  may  prescribe  form  of . '  89 

assessor,  to  elect  an  .  59 

assessor,  may  define  duties  of .  89 

ashes,  may  regulate  the  deposit  of  .  99 

appointment,  of  officers  when  necessary .  57 


319 


INDEX. 


COMMON  COUNCIL— continued.  Page 

appropriations,  not  to  exceed  tax  levy  for  that  purpose .  95 

appropriations,  from  general  fund  to  pay  interest  on  bonded 

debt .  123 

attendance,  may  compel  absent  members  to  attend  .  61 

auction,  may  regulate  the  sale  of  goods  at  .  66 

auction,  may  grant  licenses  for  sales  at .  66 

auctions,  may  grant  licenses  for  sales  at  .  170 

banks,  may  designate  for  deposit  of  city  funds  .  126 

banks,  may  contract  with,  for  interest  on  deposits .  126 

bathing,  may  regulate  .  63 

bids,  may  by  two-third  vote  let  contracts  to  other  than  lowest 

bidder  . 82,  117 

board  of  education,  to  elect  one  of  its  members  a  member  of  59 

board  of  water  commissioners,  may  appoint .  105 

board  of  public  works,  may  make  rules  for .  140 

board  of  public  works,  may  determine  organization  of .  139 

bonds,  may  issue  for  street  improvements  .  86 

bonds,  may  issue  to  construct  waterworks .  88 

bonds,  may  purchase  outstanding .  125 

bends,  may  issue  city  improvement  bonds .  134 

books,  of  officers,  to  be  examined  and  audited  .  70 

bread,  may  establish  the  assize  and  weight  of .  64 

budget,  annual,  to  act  upon  .  187 

budget,  to  apportion  revenues .  187 

burials,  etc.,  may  regulate  .  64 

cabs,  may  license  and  regulate .  64 

carcasses  may  prevent  placing  of,  within  city  .  64 

cattle,  may  prevent  running  at  large .  63 

cemeteries,  may  establish  .  64 

charter,  misdemeanor  to  vote  in  violation  of .  119 

chief  of  tire  department,  may  elect  chief  and  assistant  chief  100 

cisterns,  may  establish  .  64 

city  attorney,  to  elect  a  .  59 

city  surveyor,  to  elect  a  .  59 

claims,  disallowance  of  final,  except  for  appeal . . .  97 

claims,  if  disallowed,  not  to  be  again  entertained  .  97 

compensation,  misdemeanor  to  receive  any  (exception)  .  119 

compensation  of  . 119>  125 

composed  of  whom  .  49,  60 

conduct,  may  punish  members  for  disorderly  .  61 

conduct,  may  expel  members  for  disorderly .  61 


320 


INDEX. 


COMMON  COUNCIL — continued.  Page 

contracts,  may  let  to  lowest  responsible  bidder  . 82, 117 

contracts,  may  make,  relating  to  steets,  etc .  82 

contracts,  by  two-third  vote  may  let  to  others  than  lowest 

bidder  .  82, 117 

contracts,  may  let,  when  public  improvements  to  be  made...  83 

contracts,  misdemeanor  to  be  interested  in .  119 

corporate  authority,  vested  in  mayor  and .  49 

damages  by  fire,  may  prescribe  method  of  ascertaining .  98 

diseases,  may  make  regulations  concerning .  66 

disorderly  houses,  may  suppress  .  62 

disturbances,  may  prevent  .  62 

dock  lines,  etc.,  may  establish  and  regulate .  69 

dogs,  may  prevent  running  at  large  .  63 

drains,  may  grant  permission  to  construct .  67 

drunkenness,  may  restrain . .  65 

elections,  judges  of  election  of  its  members  .  61 

expulsion,  for  disorderly  conduct  .  61 

fire  apparatus,  may  purchase .  99 

fire  arms,  may  prevent  the  discharging  of  .  65 

fire  works,  may  prevent  the  discharging  of  .  65 

fire  companies,  may  regulate  . 99, 100 

fire  limits,  may  prescribe  .  98 

fire  limits,  may  prescribe  construction  of  buildings  within...  98 

fire  regulations,  may  prescribe  .  99 

fire  regulations,  may  prescribe  method  of  ascertaining  dam¬ 
ages  .  99 

fire  regulations,  may  regulate  the  deposit  of  ashes .  99 

fish,  may  enact  ordinances  for  preservation  of .  67 

fish,  may  license  the  taking  of  .  67 

gambling,  may  prohibit  .  62 

gunpowder,  may  license  vendors  of  .  63 

gunpowder,  may  regulate  the  sale  and  storing  of  .  63 

gutters,  may  provide  for  the  construction  and  repair  of .  63 

gutters,  may  order  construction  of  .  83 

hacks,  may  regulate  and  license  .  64 

harbors,  may  regulate  .  68 

health,  may  establish  board  of .  64 

health,  board  of,  to  elect .  179 

horses,  may  restrain  running  at  large . . .  63 

hospitals,  may  establish  .  64 

indebtedness,  shall  not  sell  for  less  than  full  value .  123 


INDEX.  321 


COMMON  COUNCIL— continued.  Page 

judgment,  may  by  two-third  vote  levy  tax  to  pay  .  96 

lakes,  has  jurisdiction  over .  67 

licenses,  may  grant  and  revoke,  for  certain  purposes .  61 

licenses,  may  license  vendors  of  gunpowder  .  63 

lights,  may  provide  for  lighting  streets .  64 

locomotives,  may  regulate  speed  of .  67 

majority,  to  constitute  a  quorum  .  60 

markets,  may  establish  and  regulate  .  65 

measures,  may  provide  a  standard  of  .  66 

meetings,  stated  and  special  .  60 

meetings,  time  and  place  of  .  60 

meetings,  special,  how  called  .  60 

member,  to  be  elected  to  board  of  education .  59 

members,  may  be  punished  for  disorderly  conduct .  61 

members,  may  be  expelled  for  disorderly  conduct .  61 

members,  may  compel  attendance  of  absent .  61 

members,  judge  of  election,  and  qualifications  of  .  61 

members,  salary  of  . .  119,  125 

members,  not  to  be  elected  to  any  office  (exception)  .  123 

misdemeanor,  to  misapply  or  convert  moneys  .  90 

misdemeanor,  to  vote  in  violation  of  charter .  119 

misdemeanor,  to  receive  any  compensaetion  (exception)....  119 

misdemeanor,  to  be  interested  in  any  city  contract .  119 

misdemeanor,  to  buy  in  any  city  contract .  120 

moneys,  shall  control,  city  funds  .  87 

moneys,  prohibited  from  borrowing  .  88 

moneys,  penalty  for  conversion  of .  90 

moneys,  may  appropriate,  from  general  fund  to  pay  interest 

on  bonded  debt  .  123 

moneys,  may  designate  banks  for  deposit  of  .  126 

obscenity,  may  restrain  .  65 

officers,  may  require  further  duties  of  .  57 

officers,  may  appoint  other,  when  necessary  .  57 

officers,  to  examine  and  audit  books  of  .  70 

officers,  may  remove  for  cause  .  71 

officers,  may  institute  suit  against  delinquent .  71 

offices,  may  fill  vacancies  in  certain  .  59 

ordinances,  may  pass,  to  carry  into  effect  street  improve¬ 
ments  .  87 

organization  of  .  55 

2\ 


INDEX. 


322 


COMMON  COUNCIL— continued.  Page 

police,  may  regulate  the .  65 

policemen,  may  remove  for  cause  .  124 

pounds,  may  establish  .  64 

president  of  .  55 

pumps,  may  establish  .  64 

qualifications,  judge  of,  of  its  own  members  .  61 

quorum,  majority  to  constitute  .  60 

racing,  may  prevent  .  63 

railroads,  may  regulate  the  location  of  tracks .  67 

railroads,  may  compel  the  maintenance  of  bridges,  etc .  68 

railroads,  may  regulate  running  of  cars  .  68 

removal,  of  officers  for  cause .  71 

revenues,  to  apportion  .  187 

riots,  may  prevent .  62 

roller  skating  rink,  may  grant  license  for .  172 

rules,  standing  .  57,  287,  291 

rules,  may  determine  rules  of  its  own  proceedings  . .  61 

runners,  may  regulate  .  65 

sack  companies,  may  organize .  100 

salary  of  members .  119, 125 

schools,  may  levy  special  tax  for  .  116 

scrip,  issue  of,  prohibited  .  95 

sewers,  may  establish  .  64 

sewers,  may  construct,  alter  or  repair  .  106 

sewers  and  drains,  may  estimate  and  assess  costs  of  con¬ 
struction  .  106 

sewers  and  drains,  may  order  the  construction  of .  106 

.  sewers  and  drains,  may  direct  engineer  to  prepare  plans  for  106 

sewers  and  drains,  may  construct  at  expense  of  city .  110 

sewers  and  drains,  to  advertise  for  sealed  proposals  for  con¬ 
struction  of  .  107 

sewers  and  drains,  to  act  on  report  of  board  of  assessors. . . .  112 

sewers  and  drains,  may  allow  compensation  to  members  of 

board  .  113 

sewers  and  drains,  may  cause  part  of  expense  to  be  paid  by 

city . . .  113 

sidewalks,  may  provide  for  the  construction  and  repair  of.  .  .  63 

sidewalks,  may  provide  against  the  encumbering  of .  63 

sidewalks,  may  prevent  riding  or  driving  on  .  64 

sidewalks,  may  order  construction  or  repair  of .  78 

slaughter  houses,  may  direct  location  and  management  of . . .  63 


INDEX. 


323 


COMMON  COUNCIL — continued.  Page 

snow,  etc.,  may  compel  removal  of . .  66 

solicitors,  may  regulate  .  65 

streets,  may  provide  for  the  opening  and  grading  of .  63 

streets,  may  provide  against  the  encumbering  of .  63 

streets,  may  prevent  racing  in .  63 

streets,  may  provide  for  lighting  of  .  64 

streets,  may  open  on  petition .  71 

streets,  may  let  contract  to  the  lowest  bidder  . 82,117 

streets,  may  make  contract  relating  to  .  82 

streets,  may  establish  or  change  grade  of .  77 

streets,  not  to  accept  work  under  chap.  VI  of  charter  until 

approved  .  85 

streets,  shall  order  improved .  85 

streets,  may  issue  bonds  for  improvement  of . • .  86 

streets,  may  pass  ordinances  to  carry  into  effect  improve¬ 
ments  .  87 

streets,  may  establish  grade  of  .  127 

streets,  when  improvement  exceeds  $500.00,  two-thirds  vote 

necessary  .  128 

streets,  may  order  assessment  of  damages  and  benefits  before 

grade  changed  .  129 

streets,  to  act  on  final  report  of  assessments  of  damages,  etc.  131 

streets,  may  issue  city  improvement  bonds .  134 

suits,  may  institute,  against  delinquent  officers .  71 

superintendent  of  streets,  to  elect  a  .  59 

superintendent  of  streets,  may  remove .  83 

superintendent  of  waterworks,  may  elect  .  104 

taxes,  shall  by  resolution  levy .  90 

taxes,  resolution  for  levy  requires  two-thirds  vote  .  91 

taxes,  no  appropriation  to  exceed  tax  levy .  95 

taxes,  may  by  two-thirds  vote  levy  tax  to  pay  judgment .  96 

trains,  may  regulate  the  speed  of . • .  67 

treasurer,  may  remove,  for  neglect  of  duty .  96 

treasury  orders,  issue  of,  prohibited  .  95 

trees,  may  compel  lot  owners  to  plant  .  67 

trees,  may  regulate  trimming  and  care  of .  67 

trees,  may  levy  special  tax  for  setting  out,  etc  .  67 

unhealthful  places,  may  compel  cleaning  or  removal  of .  62 

vacancies  may  fill  in  certain  offices  .  59 

vote,  two-third  vote  necessary  to  pass  resolution  for  tax  levy  91 

vote,  two-third  vote  necessary  to  levy  tax  to  pay  judgment. . .  96 


324 


IN  DEX. 


COMMON  COUNCIL— continued.  Page 

vote,  misdemeanor  to  vote  in  violation  of  charter  .  119 

vote,  by  two-third  vote  let  'contract  to  other  than  lowest 

bidder . 82,  117 

vote,  two-third  vote  necessary  when  improvement  exceeds 

$500.00  .  128 

watchmen,  may  appoint  .  66 

waters,  may  prevent  deterioration  of,  of  lakes .  67 

waterworks,  may  establish  .  64 

waterworks,  may  issue  bonds  to  construct .  88 

waterworks,  may  maintain  .  101 

waterworks,  may  acquire  real  estate  for  .  101 

waterworks,  may  erect  buildings  for  .  101 

waterworks,  may  lay  pipes  through  public  grounds  .  102 

waterworks,  may  take  land  for  .  102 

waterworks,  to  have  control  of .  104 

waterworks,  may  elect  superintendent  of  .  104 

waterworks,  may  provide  for  employment  of  other  help .  104 

waterworks,  may  make  and  enforce  by-laws,  rules  and  rates 

for .  104 

waterworks,  may  appoint  board  of . . .  .  105 

waterworks,  may  advertise  for  proposals  to  furnish  materials, 

etc.,  for  .  105 

weight,  may  provide  a  standard  of  .  66 

wharves,  may  lease  wharfing  priviliges  .  69 

COMMON  NUISANCE  (see  Nuisance)  — 

defined  .  70 

r - 

V 

COMPLAINTS  (see  Actions)  — 

how  made  for  offenses .  124 

COMPTROLLER— 

member  of  board  of  public  works  .  139 

salary  as  member  of  board .  140 

CONDUCTORS— 

not  to  cross  streets  with  cars,  etc.,  until  flagmen  stationed. . .  232 

CONDUITS— 

city  may  designate  location  of  . 212 

notice  to  company  of  alteration  of  .  212 


INDEX. 


325 


CONDUITS — continued.  Page 

time  in  which  alteration  of,  to  be  made  .  212 

subject  to  approval  of  mayor,  surveyor  and  superintendent 

of  streets  .  212 

written  consent  of  mayor,  surveyor  and  superintendent  of 

streets  necessary  to  lay . .  21  3 

before  laid  route  to  be  submitted  to  mayor,  etc .  213 

manner  of  laying  .  213 

mayor,  surveyor  and  superintendent  of  streets  to  act  as  one 

body  in  matters  relating  to .  213 

city  may  use,  for  stringing  wires,  etc .  214 

persons  constructing,  to  save  the  city  harmless .  214 

ordinances  relating  to,  a  part  of  all  franchises .  214 

city  may  prescribe  other  modes  of  conducting  wires .  215 

penalty  for  violation  of  ordinances  relating  to .  215 

CONSTRUCTION— 

charter  to  be  liberally  construed  .  125 

of  ordinances  .  158 

of  words  importing  gender .  158 

of  words  importing  number  .  158 

of  the  word  “person”  .  158 

of  “reasonable  time”  and  “reasonable  notice”  .  158 

CONTAGIOUS  AND  INFECTIOUS  DISEASES— 

council  may  make  rules  respecting .  66 

exclusion  of  persons  afflicted  with .  66 

disposition  of  persons  afflicted  with .  66 

removal  of  paupers  afflicted  with  .  120 

duty  of  health  physician  as  to  .  180 

house  to  be  quarantined  .  181 

practicing  physicians  to  give  notice  of,  to  board  of  health..  181 
removal  of  persons  afflicted  with  .  182 

CONTRACTOR  (see  Contracts)  — 

for  building  sidewalks,  when  paid  .  79 

CONTRACTS— 

for  construction  of  sidewalks,  etc.,  to  lowest  bidder  .  82 

council  may  let  contracts  relating  to  streets,  gutters,  alleys, 

etc .  82 

for  public  improvements,  how  let  and  executed .  83 


INDEX”. 


326 


CONTRACTS — continued.  Page 

when  council  may  contract  for  street  improvements .  85 

all  contracts  for  work,  how  let  .  116 

may  by  two-third  vote  of  council  be  let  to  other  than  lowest 

bidder .  117 

notice  of  letting  of  contracts  .  117 

members  of  council  not  to  be  interested  in,  with  city .  119 

exceeding  $200,  let  to  lowest  bidder .  142 

exceeding  $200,  as  council  directs .  142 

procedure  for  letting  contracts  for  public  works .  142 

to  save  city  harmless  from  accident  by  reason  of  work .  143 

liability  of  contractors  .  143 

execution  of  contracts  relating  to  public  works  .  143 

city  may  complete,  if  not  completed  within  time .  143 

for  lease  of  water  .  194 

water  ordinances  a  part  of  all  contracts .  194 

CORNICES— 

not  to  extend  into  street  .  209 


CORPORATION— 

failure  to  hold  election  not  to  suspend .  118 

name  of  (see  City  of  Madison)  .  47 

powers  of  (see  Corporate  Powers)  .  47 

CORPORATE  POWER  OF  CITY— 

general  powers  of  municipalities  at  common  law  .  47 

perpetual  succession  .  47 

power  of  contracting .  47 

suing  and  being  sued  .  47 

pleading  and  being  impleaded  .  47 

common  seal  and  power  to  alter  same .  47 

vested  in  mayor,  common  council,  etc .  49 

CORPORATE  RECORDS  (see  Records)  — 

clerk  to  keep  .  56 

CORPORATE  SEAL— 

city  may  have  .  47 

city  may  change  same  . 47 

clerk  to  keep .  56 


INDEX.  327 


COSTS—  Page 

on  appeal  . 75-113 

in  opening  streets  . 76 

of  street  improvements,  chargeable  to  lots .  82 

* 

of  improvements  across  streets  .  83 

of  gutters  on  streets  .  83 

judgments  to  include  costs  of  prosecutions  .  118 

COUNT  if  JUDGE— 

to  summon  jury  for  opening  streets,  etc .  73 

COUNTY  TREASURER — • 

to  sell  delinquent  lands  .  94 

COUPONS— 

receivable  for  taxes  .  122 

COURTS,  MUNICIPAL— 

names  of  judges  of,  1874-1904  .  10-29 

election  indictments  to  be  tried  in  circuit  or  municipal .  53 

jurisdiction  of .  114 

city  to  furnish  blanks,  stationery,  etc.,  for .  115 

city  to  be  compensated  by  county  for .  115 

salary  of  judge  .  115 

criminal  laws  applicable  to  trials  before .  124 

CRATES— 

not  to  be  placed  in  streets  or  on  sidewalks . . .  217 

exception  .  218 

CRIMINAL  LAWS— 

applicable  to  trials  before  municipal  court .  124 

CROSSINGS  AND  CROSSWALKS— 

improvement  of  crossings .  85,  86 

bonds  for  improvement  of  .  86,  87 

city  to  pay  expense  of  laying .  129 

not  to  be  obstructed  by  trains .  219 

not  to  be  obstructed  by  wagons,  etc .  219 

penalty  for  obstruction  of .  219 


328 


INDEX. 


CUTTING  AND  FILLING —  Page 

assessments  for  same,  how  made  and  collected  .  84 

report  of  committee .  84 

when  expense  to  be  paid  by  petitioners  .  84-5 

action  of  council  when  lands  belong  to  non-resident  minors, 

etc .  85 

supervision  of  .  85 

D. 

DAMAGES— 

for  failure  of  officer  to  deliver  books,  etc.,  to  successor  ....  58 

jury  to  assess,  on  opening  streets,  etc .  74 

how  assessed  .  74 

appeal  from  award  of .  74 

to  be  paid  in  full  before  entry  upon  land  .  75 

action  for,  for  change  of  grade  . 77,127 

council  may  prescribe  manner  of  ascertaining,  caused  by  fire  99 

assessment  of,  for  change  of  grade  .  129 

report  of  the  assessment  of  .  130 

hearing  on  report  of  assessment  of  .  130 

action  on  report  by  council  .  130 

notice  of  final  determination  of,  in  street  improvements  ....  131 

person  receiving  permit  to  move  buildings  liable  for .  207 

for  failure  of  bidder  to  enter  into  contract  .  217 

DAMAGED  BUILDINGS  (see  Buildings)  — 

DEAD  ANIMALS  (see  Animals)  — 

DEBT— 

no  debt  to  be  incurred,  except  by  majority  of  council .  69 

per  cent  of  tax  levy  to  pay  interest  and  principal  on  bonded 

debt  .  91 

none  to  be  incurred  greater  than  tax  for  that  purpose .  95 

not  to  be  contracted .  95 


DECENCY,  OFFENSES  AGAINST  (see  Public  Morals  and  Decency)  — 


INDEX. 


329 


DEEP  CUTTING  (see  Cutting  and  Filling)—  Page 

DELINQUENT  LANDS— 

county  treasurer  to  sell  .  94 

treasurer’s  duties  in  relation  to  .  121 

DELINQUENT  PERSONAL  PROPERTY  TAX— 

collection  of  .  .  94 

DEPOSITS— 

council  may  designate  banks  for  deposit  of  funds .  126 

how  deposits  drawn  upon  .  126 

DEPOTS— 

loitering  about,  prohibited  .  228 

DESTRUCTION  OF  PROPERTY— 

property  may  be  destroyed  to  prevent  spread  of  fire .  161 

DETECTIVE— 

member  of  police  department .  166 

to  be  appointed  by  chief  with  approval  of  board .  166 

to  devote  whole  time  to  department .  166 

salary  of .  168 

DISEASES  (see  Contagious  and  Infectious  Diseases)  — 

council  may  make  rules  respecting  contagious  diseases .  66 

DISORDERLY  ASSEMBLAGES— 

council  may  prevent .  62 

DISORDERLY  CONDUCT— 

in  public  places,  prohibited  .  227 

DISORDERLY  HOUSES— 

council  may  suppress .  62 

not  to  be  kept .  235 

DOCK  AND  SHORE  LINES— 

council  may  establish  and  control  .  69 

established  on  Lake  Mendota .  199 

established  on  Lake  Monona  .  199 


330 


INDEX. 


DOG  CATCHER—  Page 

chief  of  police  to  appoint  .  178 

duties  of .  178 

keep  records  of  dogs .  179 

make  report  to  chief  of  police .  179 

DOGS— 

council  may  prevent  running  at  large  .  63 

owner  of,  must  have  a  license .  178 

dog  license  fee .  178 

dog  license  tag .  178 

board  of  health  may  order  muzzled  .  186 

notices  that  dogs  must  be  muzzled  .  186 

duty  of  police  to  kill,  not  muzzled  .  186 

keeping  of  vicious  dogs  prohibited  .  231 

DRAIN  LAYERS— 

must  have  a  license  .  175 

application  for  a  license  .  175 

fee  for  license .  175 

bond  to  be  approved  by  mayor  and  clerk  .  175 

renewal  of  license  .  175 

DRAINS  (see  Sewers  and  Drains)  — 

DRIVING  (see  Fast  Driving  and  Riding)  — 

DRIVEWAYS— 

plank  approaches  to,  prohibited  on  paved  streets .  222 

DRUNKENNESS— 

council  may  restrain .  65 

a  misdemeanor,  penalty  for  .  124 

in  public  places  prohibited  .  227 

DUTIES— 

transferred  from  town  to  city  officers .  119 


INDEX. 


331 


EARTH —  Page 

not  to  be  scattered  on  streets  .  220 

EDUCATION,  BOARD  OF  (see  Board  of  Education)  — 

members  of,  1857-1904  .  33-39 

election  of  member  of  council  as  member  of  board .  59 

term  of  office  of  council  member  of  board  .  59 

ELECTION  DAYS— 

liquors  not  to  be  sold  on  .  169 

ELECTIONS— 

annual,  held  when  . \ .  50 

how  conducted  . 50,  51 

returns,  how  made .  51 

board  of  election  canvassers  .  51-52 

elections  to  fill  vancancies .  51 

elections  by  people  to  be  by  ballot .  51 

elections  by  council  to  be  viva  voce .  51 

how  tie  vote  determined .  52 

who  are  qualified  electors  .  52 

duty  of  inspectors .  52 

challenges  .  52 

oath .  52 

penalty  for  illegal  voting .  52 

penalty  for  making  false  returns .  53 

election  indictments,  where  tried  . .  53 

special  election,  how  held  .  53 

failure  to  hold,  not  to  suspend  corporation  .  118 

failure  to  hold,  at  proper  time  .  118 

ELECTIVE  OFFICERS  OF  CITY— 

who  are .  50 

ELECTORS— 

who  are  qualified  .  52 

penalty  for  illegal  voting .  52 

voter  making  oath  falsely,  guilty  of  perjury .  52 


IN  DEX. 


332 


ELECTRICIAN—  Page 

member  of  fire  department  .  159 

to  devote  whole  time  to  department  .  159 

salary  of  .  160 

ENACTING  CLAUSE  .  237 

ENCROACHMENTS— 

on  streets  .  209 

failure  to  remove .  209 

ENGINE— 

not  to  obstruct  crossings .  219 

not  to  cross  streets  until  flagmen,  etc.,  stationed .  232 

climbing  upon,  prohibited  .  233 

ENGINEER— 

not  to  cross  streets  with  cars,  until  flagmen  stationed .  232 

penalty  for  obstructing  street  .  219 

ERROR— 

shall  not  affect  the  validity  of  an  assessment  or  tax .  95 

ESTIMATES— 

for  improvements,  to  be  made  and  filed .  83 

EVIDENCE— 

proofs  of  publication,  prima  facie  evidence . 58 


EXCAVATIONS— 

not  to  be  made  in  streets  without  permits  .  207 

application  for  permit  .  207 

manner  of  issuing  permit  for  .  207 

undertaking  of  person  applying  for  permit  to  make .  208 

to  be  lighted  at  night  .  208 

in  macadamized  streets,  how  made  and  filled  .  208 

street  committee  to  inspect  refilled  excavations  .  209 

penalty  for  violating  ordinances  relating  to  .  209 


EXECUTIONS— 

how  issued  against  city 


122 


INDEX. 


333 


EXEMPTIONS—  Page 

from  taxation,  no  property  for  special  taxes .  95 

city  property  exempt  from  taxation .  119 

EXHIBITIONS— 

council  may  license .  61 

to  pay  a  license .  170 

EXPLOSIVES— 

council  may  prevent  discharging  of,  etc .  65 

discharging  of,  forbidden  .  229 

EXPOSURE  OF  PERSON— 

indecent,  forbidden  .  235 

F. 

FARMERS— 

no  license  to  sell  farm  produce .  173 

FARM  PRODUCE— 

need  no  license  to  sell  .  173 

FAST  DRIVING  AND  RIDING— 

council  may  prevent  immoderate  .  63 

council  may  prevent  riding  or  driving  on  sidewalks .  64 

prohibited  in  cemetery  grounds  .  191 

speed  of  bicycles,  etc.,  not  to  exceed  12  miles  per  hour .  230 

of  horses  prohibited  .  231 

FEES— 

policemen  to  receive  fees  allowed  to  constables  .  54 

collected  by  treasurer  to  be  paid  into  general  fund  .  56 

of  jurors  and  witnesses  under  chap.  V  of  charter .  76 

of  city  treasurer  in  collecting  poll  tax .  81 

of  city  treasurer  in  collecting  taxes .  94 

of  city  treasurer  in  collecting  delinquent  taxes  .  94 


INDEX. 


334 


FENCES—  Page 

barb  wire  fences  deemed  nuisances  .  200 

not  to  extend  into  streets  .  209 

iailure  to  remove .  209 


FIGHTING  (see  Disorderly  Conduct)  — 


FILLING  (see  Cutting  and  Filling)  — 


FILTH— 

not  to  be  deposited  in  waters  .  182 


FINANCE  COMMITTEE— 

duty  to  prepare  the  annual  budget .  187 

when  to  prepare  budget .  187 


FINANCES  (see  Funds)  — 


FINES  AND  FORFEITURES  (see  Penalties)  — 

for  failure  to  deliver  books,  etc.,  to  successors .  58 

for  refusal  of  persons  to  aid  in  maintaining  the  peace .  59 

to  be  paid  into  treasury,  separate  account  to  be  kept .  123 

clerk  to  report  amount  of  fines  to  council .  123 

judgment  to  include  fines  and  costs .  118 


FIRE  ALARM— 

no  person  shall  give  a  false  alarm  of  fire .  161 

penalty  for  giving  false  alarm  of  fire  .  162 


FIRE  ALARM  TELEGRAPH— 

chief  to  have  control  of . 161,  162 

false  alarms .  161 

keys  to  fire  alarm  boxes  and  regulations  regarding  same  .  .161,  16? 

no  person  shall  interfere  with  .  161 

penalty  for  interference  with .  162 

no  wires  to  be  placed  above  wires  of .  162 

penalty  for  stringing  wires  above  wires  of .  162 

chief  or  police  officers  may  cut  wires  endangering  the  tele¬ 
graph  . 162 


IN  DEX 


335 


FIRE  APPARATUS—  Page 

under  control  of  chief  .  160 

chief  to  keep  in  repair .  160 

FIRE  ARMS— 

council  may  prevent  shooting  of  .  65 

discharging  of,  forbidden  .  229 

FIRE  COMPANIES— 

under  control  of  council  .  99 

organization  of  .  99 

members  exempt  from  poll  tax,  juries,  etc .  99 

members  may  arrest  for  disobedience  at  fires .  100 

FIRE  DEPARTMENT  AND  FIRE  REGULATIONS— 

names  of  board  of  police  and  fire  commissioners  .  32 

chap.  VIII  of  charter  and  chap.  II  of  ordinances .  98 

council  may  prescribe  fire  limits  .  98 

council  may  prescribe  construction  of  buildings .  98 

council  may  prescribe  construction  of  chimneys,  etc .  98,  99 

council  may  regulate  deposit  of  ashes  .  99 

council  may  prescribe  manner  of  ascertaining  damages .  98 

council  may  prescribe  other  fire  precautions  .  99 

council  may  purchase  apparatus  for .  99 

fire  companies,  how  organized  .  99 

members  of,  exempt  from  poll  tax,  etc  .  99 

council  to  elect  chief  and  assistant  chief .  100 

council  to  prescribe  duties  of  chief  and  assistant  chief .  100 

members  may  arrest  for  disobedience  at  fire .  100 

organization  of  sack  companies  (see  Sack  Companies) .  100 

who  compose  the  department .  159 

board  of  police  and  fire  commissioners  to  appoint  chief .  159 

chief  to  appoint  assistant  chief,  captain,  electrician  (by  and 
with  the  approval  of  said  board  of  police  and  fire  commis¬ 
sioners)  .  159 

chief  to  appoint  other  members  .  159 

all  members  except  call  men  to  devote  whole  time  to .  159 

salaries  of  members  of  .  159 

forfeiture  of  call  men .  160 

computation  of  time  of  service  of  members .  160 

chief  to  report  absence  of  call  men  to  board  .  160 

dismissal  of  call  men  for  failure  to  appear  at  alarms .  160 


INDEX. 


O  O  i  « 

oou 


FIRE  DEPARTMENT  AND  FIRE  REGULATIONS— con.  Page 

distribution  of  members  under  directions  of  board .  160 

members  to  be  governed  by  rules  prepared  by  board .  160 

authority  and  duties  of  chief .  160 

duty  of  police  at  fire .  161 

use  of  intoxicating  liquors  at  fires  .  161 

bystanders  may  be  called  to  assist  at  fires .  161 

resistance  to  firemen,  injury  to  apparatus  .  161 

destruction  of  property  to  prevent  spread  of .  161 

fire  alarm,  telegraph,  false  alarm,  keys  .  161 

stringing  of  wires  with  reference  to  fire  alarm  telegraph.  .. .  162 

control  of  fire  alarm  telegraph  .  162 

fire  limits .  162 

construction  of  buildings  within  fire  and  fire  warden's 

limits . . 162,  163 

depositories  of  ashes .  163 

wooden  buildings  damaged  by  lire,  when  may  be  rebuilt,  etc.  163 

when  wooden  buildings  deemed  a  nuisance .  164 

penalty  for  violation  of  ordinances  relating  to  wooden  build¬ 
ings  .  164 

public  cisterns,  taking  water  from,  penalty .  164 

removal  of  weeds  endangering  buildings  by  fire . 164.  165 

stacking  of  hay.  removal  of  same,  penalty .  165 

general  penalty  for  violation  of  ordinances  relating  to .  165 


FIRE  HYDRANTS  (see  Hydrants)  — 


FIRE  LIMITS— 

council  may  prescribe  .  98 

council  may  prescribe  construction  of  buildings  within .  98 

council  may  prescribe  construction  of  chimneys  within . 98.  99 

portion  of  city  embraced  within  .  162 

construction  of  building  within  . 162,  163 

rebuilding  of  wooden  buildings  within .  163 

stacking  of  hay  within .  165 

penalty  for  stacking  hay  within .  165 

FIREMEN  (see  Fire  Department)  — 

exempt  from  poll  tax .  99 

may  arrest  for  disobedience  at  fires .  100 

how  appointed .  159 

to  devote  whole  time .  159 


E S-jEI. 


FTElEIIEN' — eonrinneii- 

of .  159 

ic’v  governed. .  ISO 

ees  s  en  r  *  :•  . 151 


FLUES  ~ee  Eire-  Dg^artment.  etc.  — 

co tihc  il  na-j  grnrl  against .  93 

iMj  pfice  2t  .  ISO 

ise  of  Mini-  an .  1S1 

permiry  far  nse  of  Lianor  az .  1S1 

iprarMfers  may  le  sailed  to  assist  an  . . .  181 


r  _jr_E 


L2mE>TS  LIFIIFS- 


p-orman  if  zicy  embrace:  within 
•onstmetioTL  of  mild  trigs  wiiii  in 
stacking  ec  any  ~-Fm 
penalnv  for  stacking  Fa-  wirliin 


1S2 
182.  152 
185 
185 


FTRK  OF-FS — 


2o*meil  am 7  prevent  esMbirion  of  . .  So 

I.-/.--  ^  :  ‘  •  . - 


wmt  mnsmot-s  san- 


90 


v;— _ 


zcanoLl  tt;i~  me  lie  ense  takina  :f  ±s>  in  Lanes 


FLAGJCEX — 

t:---  ;af:n  is  n.i.  •  .  m  i  . .  . 

crany  of  lagmen  — .  232 

new  ;  ten's  ni:es  in  L  signals  .  .  232 


-  LO  KKS — 

penaXy  f:r  removing  t:~ers  from  grave  rr  mjaring  same  192 


IX  SmC- 0 SI  ?m — 

cc  improvement  eon  is.  p roe  enure.  Its  penmens 


13  S 


FOK3ST  FLU  CEMETERY  see  Cemeteries  — 


^  > 


338 


INDEX. 


FORFEITURES—  Page 

to  be  paid  into  treasury  as  part  of  general  fund  .  89 

FORTUNE  TELLERS— 

must  have  a  license  .  178 

FRANCHISES— 

Railroad  Franchises — 

Baraboo  Air  Line  Railroad  Co .  240 

Beloit  &  Madison  Railroad  Co .  241 

Beloit  &  Madison  Railroad  Co .  242 

Chicago,  Madison  &  Northern  Railroad  Co .  243 

Chicago,  Madison  &  Northern  Railroad  Co .  245 

Chicago,  Madison  &  Northern  Railroad  Co .  246 

Chicago,  Madison  &  Northern  Railroad  Co .  246 

Chicago,  Madison  &  Northern  Railroad  Co .  247 

Chicago  &  Northwestern  Railroad  Co .  248 

Chicago  &  Northwestern  Railroad  Co .  248 

Chicago  &  Northwestern  Railroad  Co .  249 

Chicago  &  Northwestern  Railroad  Co .  249 

Chicago  &  Northwestern  Railroad  Co .  250 

Chicago  &  Northwestern  Railroad  Co.  .  . .  ; .  251 

Chicago  &  Northwestern  Railroad  Co .  252 

Gisholt  Machine  Company .  252 

Milwaukee  &  Mississippi  Railroad  Co .  253 

Milwaukee  &  Madison  Railroad  Co .  254 

Milwaukee  &  St.  Paul  Railroad  Co .  255 

Milwaukee  &  St.  Paul  Railroad  Co .  256 

Street  Railway  Franchises — 

Madison  City  Railway  Co .  257 

Madison  City  Railway  Co .  258 

Madison  City  Railway  Co .  263 

Madison  Street  Railway  Co .  265 

Madison  Electric  Railway  Co .  268 

Madison  Traction  Railway  Co .  269 

Telegraph  and  Telephone  Franchises — 

American  Telephone  and  Telegraph  Co .  272 

American  Telephone  and  Telegraph  Co . 273 

Chicago  &  Northwestern  Telegraph  Co .  274 

Postal  Telegraph  Cable  Co .  275 

Postal  Telegraph  Cable  Co .  276 


INDEX. 


339 


FRANCHISES — continued.  Page 

Telegraph  and  Telephone  Franchises: 

Standard  Telephone  and  Electric  Co .  277 

Wisconsin  Telephone  Co .  279 

Western  Union  Telegraph  Co .  280 

Gas,  Electric  Light  &  Power  Franchises — 

Four  Lakes  Light  &  Power  Co .  282 

to  George  W.  Gilman,  I.  C.  Woodward,  John  W.  Hudson.  . .  .284,  286 

Madison  Gas  Light  &  Coke  Co .  286 

Madison  Gas  Light  &  Coke  Co .  287 

FREE  LIBRARY  (see  Madison  Free  Library)  — 

FUEL — 

council  may  regulate  measuring  and  sale  of .  65 

not  to  be  placed  on  sidewalk  .  217 

exception  to  placing  of,  on  sidewalks .  218 

FUNDS  OF  CITY  (Chap.  VII  of  Charter)  — 

common  council  shall  control .  87 

how  drawn  upon .  87 

certificates  to  specify  purpose  for  which  drawn  .  87 

transfer  of  water  fund  .  88 

all  certificates  to  be  authorized  by  majority  of  council .  88 

penalties  to  become  a  part  of  general  fund  .  89 

forfeitures  to  become  a  part  of  general  fund .  89 

licenses  to  become  a  part  of  general  fund  .  89 

funds  to  be  applied  exclusively  to  purpose  for  which  raised.  .  89,  90 

misdemeanor  for  council  to  convert  .  90 

misdemeanor  for  treasurer  to  pay  out  funds  for  purposes 

other  than  for  which  raised  .  90 

fees  collected  on  delinquent  taxes  go  into  general  fund .  94 

mayor  and  clerk  to  certif,r  appropriations  to  treasurer .  96 

treasurer  to  pay  out  funds  only  when  certified  .  96 

all  claims  against  city  to  be  verified  by  affidavit . . .  ..  96 

no  money  to  be  drawn,  except  by  allowance  of  council .  96 

no  interest  on  city  indebtedness  (exception)  .  96 

coupons  on  bonds  may  be  received  for  taxes .  123 

payment  from  general  fund  when  tax  levy  insufficient .  123 

appropriation  of  special  tax  to  reimburse  general  fund .  123 


340 


INDEX. 


FUNDS  OF  CITY — continued.  Page 

council  may  designate  bank  for  deposit  of .  126 

council  may  contract  for  interest  on  deposits .  126 

how  funds  in  bank  drawn  upon  .  126 

expense  of  maintaining  streets  to  be  paid  out  of  general  fund  129 


G. 

GAMING  AND  GAMBLING  (see  Gaming  House)  — 

council  may  restrain  and  prohibit .  62 

prohibited  .  235 

mayor  and  police  officers  to  seize  devices,  etc.,  for .  236 

GAMING  HOUSE— 

no  person  shall  maintain . .  235 

no  person  shall  visit .  236 

duty  of  city  officers  as  to  .  236 

refusal  to  permit  inspection  of .  236 

•  • 

GARBAGE— 

defined  .  183 

collection,  removal  and  disposal  of,  under  direction  of  street 

superintendent  .  183 

garbage  districts  and  collectors  .  183 

residents  to  provide  garbage  vessels  .  184 

city  to  own  garbage  wagons .  184 

how  often  to  be  collected  .  184 

where  removed  to .  184 

expense  of  removal  of .  185 

persons  forbidden  to  collect  .  185 

not  to  be  deposited  in  sewers  and  drains .  202 

GARBAGE  COLLECTORS— 

superintendent  of  streets  to  hire .  184 

GARBAGE  VESSELS— 

to  be  portable  and  water  tight  .  184 

citizens  to  provide .  184 


INDEX. 


341 


GARBAGE  WAGONS—  Page 

how  constructed  . .  184 

city  to  own .  184 

GASOLINE— 

storage  of  .  233 

GATES— 

where  railroads  shall  maintain  .  232 

how  operated .  232 

GEESE— 

council  may  restrain .  63 

not  to  run  at  large  . .- .  186 

GENERAL  FUND  (see  Funds)  — 

what  constitutes .  91 

GENERAL  LAWS  (see  Laws)  — 

not  to  modify  charter .  119' 

applicable  to  criminal  trials  before  municipal  court .  124 

GIFT  SALES— 

prize  packages,  etc.,  license  to  sell .  173 

GLASS,  ETC.— 

not  to  be  thrown  or  deposited  on  streets,  etc . 219,  22(1 

GONGS— 

where  railroads  shall  maintain  .  232 

GOODS— 

not  to  be  placed  in  streets  or  on  sidewalks .  217 

exception .  218 

GRADES — 

council  may  establish  or  change  grades  of  streets . 77,  127 

persons  damaged  by  change  of  grade  have  right  of  action.  ...  77 

damages  for  change  of  grades  .  127 


INDEX. 


342 


GRADES — continued.  Page 

clerk  shall  record  change  of  grade .  127 

no  street  to  be  worked  until  grade  established  and  recorded . .  127 
assessment  of  damages,  etc.,  to  be  made  before  change  of . . . .  129 

report  of  assessments  made  to  be  filed .  130 

action  on  report  by  council  .  130 

council  may  assess  benefits  for  change  of  .  131 

remedy  of  land  owner  from  action  of  council,  by  appeal .  131 

to  be  established  by  city  surveyor  for  sidewalks .  217 

GRADING — 

estimate  of  amount  of,  for  public  improvements .  83 

estimate  to  be  filed  .  83 

contracts  for,  how  let  . .  .  83 

equalization  of  assessment  for  .  81 

GRASS— 

not  to  be  burned  on  streets  .  229 

GREASE— 

not  to  be  deposited  in  sewers  and  drains  .  202 

GREASE  TRAPS— 

health  inspector  to  examine  .  182 


GUNPOWDER  AND  EXPLOSIVES— 


council  may  license  sale  of  .  63 

council  may  regulate  sale  and  storage  of  .  63 

when  houses  containing,  deemed  nuisances  .  70 

how  to  be  stored  and  kept  .  233 

canisters  not  to  be  opened  after  night .  233 

GUNS— 

council  may  prevent  discharge  of  .  65 

discharging  of,  forbidden  .  229 

GUTTERS— 

council  may  regulate  the  construction  and  repair  of .  63 

contracts  for,  to  be  let  to  lowest  responsible  bidder  . .  76 

council  may  make  contracts  relating  to .  77 


INDEX. 


343 


GUTTERS — continued.  Page 

ordinances  for  repair  or  construction  of,  to  be  referred  to  a 

committee  .  77 

such  ordinance  not  to  be  passed  under  14  days  .  77 

nor  until  publication  in  official  paper .  78 

costs  of  construction  of  .  83 

repair  of  .  220 


H. 

\ 

HACKMEN— 

conduct  of  .  172 

HACKS— 

council  may  license  and  regulate  .  64 

hack  license  must  be  had  .  172 

fee  for  hack  license  .  172 

hack  number  .  172 

superintendent  of  streets  to  designate  places  for  hack  stands  172 

conduct  of  hackmen  in  soliciting  passengers .  172 

hack  charges  .  173 

duty  of  police  as  to  hackmen  .  173 

HALLS— 

aisles  and  approaches  to,  not  to  be  obstructed .  231 

HARBORS— 

council  may  provide  for,  and  regulate  .  68 

HAY— 

council  may  regulate  the  weighing  and  selling  of .  65 

stacking  of  hay  within  city  .  165 

penalty  for  stacking  of  hay  . , .  165 

not  to  be  burned  on  streets  .  229 

HEALTH  DEPARTMENT  (see  Board  of  Health  and  Public  Health)  — 

names  of  members  of  board  of  health,  1884-1904 .  40-42 

council  may  establish  board  of  health  .  64 

council  may  prevent  deterioration  of  water  of  lake .  67 


344 


INDEX. 


HEALTH  INSPECTOR—  Page 

board  of  health  may  elect  .  179 

compensation  of  .  181 

to  examine  premises  .  181 

to  examine  sewer  connections  .  181 

to  report  violation  of  ordinances,  etc.,  to  health  physician..  182 
authorized  to  remove  persons  afflicted'  with  contagious  dis¬ 
eases  .  182 

may  destroy  infected  clothing  .  182 

HEALTH  PHYSICIAN— 

board  of  health  to  elect .  179 

ex-officio  member  of  board  of  health  .  180 

shall  see  that  all  rules,  etc.,  are  enforced  .  180 

shall  investigate  circumstances  surrounding  the  appearance 

of  contagious  diseases  .  180 

shall  make  report  to  board  of  health  .  180 

to  keep  an  official  record  .  181 

compensation  of  .  181 

HIGHWAY  TAXES— 

firemen  exempt  from  .  99 

HOLES  (see  Excavations)  — 

HORSES— 

council  may  prevent  racing  of  .  63 

council  may  prevent  running  at  large  .  63 

may  be  impounded  .  63 

not  to  obstruct  streets,  etc .  219 

not  to  pass  over  sidewalks .  222 

not  to  be  fastened  to  trees  .  224 

penalty  for  fastening  to  trees .  224 

not  to  be  left  unfastened  .  231 

fast  driving  of,  prohibited  .  231 

HOSPITALS— 

council  may  provide  for  . 64 

persons  afflicted  with  contagious  diseases  to  be  removed  to . .  182 


INDEX. 


345 


HOUSES  OF  ILL  FAME—  Page 

council  may  suppress  .  62 

not  to  be  kept  or  maintained .  235 

penalty  for  maintenance  of  .  235 

HYDRANTS— 

who  permitted  to  open  hydrants .  196 

who  permitted  to  take  wrenches  .  196 

I. 

ICE— 

not  to  be  cut  within  80  rods  of  shore .  183 

sale  of  impure  ice  prohibited  .  183 

to  be  removed  from  sidewalks  .  221 

in  cutting,  safeguards  to  be  placed  .  231 

ILL  FAME  (see  Houses  of  Ill  Fame)  — 

ILLEGAL  VOTING — 

penalty  for .  52 

INCOMPETENCY— 

no  citizen  incompetent  to  act  as  juror,  etc .  118 

IMPRISONMENT— 

judgment  of  .  118 

use  of  jail  granted  to  city .  121 

IMPROVEMENT  BONDS  (see  Bonds)  — 

IMPROVEMENTS  (see  Public  and  Street  Improvements,  chap. 

VI;  see  Streets  and  Alleys)  — 

INDEBTEDNESS  (see  Funds  and  Bonds)  — 

how  contracted .  88 

INDECENT  EXPOSURE— 

forbidden  .  235 


INDEX. 


INFANT —  Page 

land  owner,  how  represented  . 73,  85 

INFECTIOUS  DISEASES  (see  Contagious  and  Infectious  Diseases)  — 

INFLAMMABLE  MATERIAL— 

how  burned  or  destroyed  .  229 

how  stored  .  233 

INSPECTION  OF  BUILDINGS— 

with  view  to  guard  against  fires  .  100 

INSPECTORS  OF  ELECTIONS— 

to  preside  over  elections  .  50 

to  challenge  suspected  persons  .  52 

to  keep  list  of  names  of  persons  voting .  52 

penalty  for  permitting  illegal  voting  or  false  returns .  53 

INTEREST  (see  Bonds  and  Funds)  — 

council  may  contract  with  banks  for,  on  city  funds .  126 

per  cent  of  tax  levy  set  apart  for  payment  of  .  91 

not  to  exceed  7  per  cent .  97 

on  improvement  bonds  not  to  exceed  6  per  cent . 87,  135 

INTOXICATING  LIQUORS— 

minors  under  18  years  not  allowed  in  saloons .  225 

minors  under  18  years  not  to  enter  saloons  .  225 

exception  when  minor  accompanied  by  parent  or  guardian..  225 

minors  not  to  drink .  225 

misdemeanor  for  minor  to  obtain,  under  false  representation  226 

J. 

JAIL— 

use  of  county  jail  granted  to  city  .  121 

JUDGE  OF  MUNICIPAL  COURT— 

names  of  judges,  1874-1904  . 10-29 

salary  of  .  115 

resident  of  city  not  incompetent  to  act  as  .  118 


INDEX.  347 


JUDGMENTS—  Page 

council  may  by  two-thirds  vote  levy  tax  to  pay .  96 

in  action  to  recover  penalties  to  include  fines  and  costs  ....  118 

for  imprisonment  .  118 

when  execution  on,  may  be  issued  against  city  .  122 

JURY— 

for  assessing  damages  in  opening  streets  (see  Opening 

Streets)  .  72 

drawing  of  jury  .  73 

duties  of  jurors  .  74 

verdict  and  award  of  jurors  .  74 

appeal  from  award  of  damages  to  be  tried  by .  75 

fees  of  jurors  under  chap.  V  of  charter  .  76 

for  assessing  damages  for  cutting  or  filling .  84 

firemen  exempt  from  jury  duty  .  99 

residents  competent  to  act  as  jurors  .  118 

JUSTICE  OF  THE  PEACE— 

elective  officers  .  50 

terms  of  office  .  50 

may  keep  offices  in  any  part  of  city . ! . 50,  148 

to  give  a  bond  .  54 

not  to  exercise  any  jurisdiction  conferred  on  municipal  court  114 

K. 

KEROSENE— 

storage  of  .  233 

L. 

LAKES— 

common  council  has  jurisdiction  over  .  67 

dead  animals,  rubbish,  filth,  etc.,  not  to  be  deposited  in  ....  182 

not  to  be  filled  without  permission  of  council  .  198 

petition  for  filling  lakes .  198 

penalty  for  filling .  198 


348 


INDEX. 


LAKES — continued.  Page 

filling  of  lake  end  of  street  when  docklines  established .  198 

dock  lines  on  Lake  Monona  .  199 

dock  lines  on  Lake  Mendota .  199 

sewage  not  to  be  discharged  into .  203 

LAMPS— 

bicycles  to  be  provided  with,  at  night  .  230 

LANDS  (see  Delinquent  Lands)  — 

for  opening  streets  . 71,  76 

for  waterworks,  etc .  102 

duties  of  treasurer  as  to  delinquent  .  121. 

control  of  town  of  Madison  over  lands  in  city .  119 

LANGUAGE— 

use  of  wanton  or  obscene,  forbidden  .  235 

LANGUAGES— 

board  of  education  may  permit  instruction  in  modern .  116 

LAWS,  GENERAL— 

do  not  amend,  repeal  or  modify  charter  .  119' 

applicable  to  criminal  trials  before  municipal  court .  124 

LAWS,  SPECIAL— 

detaching  territory  from  4th  ward  and  making  same  town 

of  Madison  for  all  purposes  .  145 

detaching  property  of  town  of  Madison,  making  same  part  of 

4th  ward  for  school  purposes  .  146 

detaching  part  of  sec.  22  of  town  of  Madison,  making  same 

part  of  city  for  school  purposes  .  146" 

detaching  part  of  city  and  making  same  part  of  town  for 

school  purposes  .  147 

allowing  justices  of  peace  to  keep  office  in  any  part  of  city.  148 
allowing  board  of  education  to  borrow  money  and  issue 

scrip  .  148 

allowing  commissioners  of  public  land  to  loan  money  to 

board  of  education  .  148 

authorizing  city  to  build  or  remodel  city  hall  .  149 

authorizing  city  to  remit  taxes  on  opera  house  . 149 

authorizing  governor  to  cooperate  with  city  in  paving  street 
about  capitol  park .  151 


IN  DEX. 


349 


LEAVES —  Page 

not  to  be  burned  on  streets  .  229 

LIABILITY  OF  CITY— 

how  may  be  incurred  .  69 

LIBRARY  (see  Madison  Free  Library)  — 

LICENSE  BOARD— 

who  composed  of  .  170 

to  determine  the  amount  of  the  licenses  for  shows,  etc .  170 

to  fix  fee  for  licenses  to  transient  merchants .  174 

to  fix  fee  for  licenses  to  sell  patent  medicines,  prize  pack¬ 
ages,  etc .  173 

LICENSES— 

council  may  grant  and  revoke,  for  enumerated  purposes..  61,  62 

not  required  of  farmer  or  gardener  .  62 

shall  be  for  a  period  not  less  than  one  year  .  62 

minimum  license  fee  .  62 

council  may  license  butcher  stalls,  game  stands,  etc .  65 

council  may  license  sales  at  auction  .  66 

council  may  license  taking  of  fish  from  lakes  .  67 

license  moneys  to  be  part  of  general  fund  .  89 

how  and  when  issued  .  120 

mayor  and  clerk  to  report  to  council  licenses  issued  .  120 

council  shall  approve  or  disapprove  .  121 

how  assignments  of,  may  be  made  .  125 

chief  of  police  to  prosecute  persons  selling  liquor  without  li¬ 
cense  . 

chief  of  police  to  report  to  council  persons  convicted  of  sell- 

1  £7 

ing  without  . . .  10  ‘ 

not  to  be  granted  for  sale  of  liquor  in  certain  part  of  city . . .  168 

gambling  or  disorder  not  to  be  allowed  on  premises .  169 

liquor  not  to  be  sold  to  minors  or  drunkards  .  169 

liquor  not  to  be  sold  on  election  day .  169 

liquor  not  to  be  sold  or  given  away  without  a  license .  169 

clerk  to  keep  a  record  of  all  licenses  .  169 

clerk  to  give  list  to  chief  of  police  .  170 

170 

license  board,  who  composed  of  . 

shows,  circuses,  exhibitions,  etc.,  to  pay  a  license .  1(9 


350 


INDEX. 


LICENSES — continued.  Page 

license  to  sell  at  auction  .  170 

auction  license,  how  granted,  duration  .  170 

auction  license  fee  and  bond  . . .  170 

two  per  cent  tax  on  auction  sales  .  171 

auctioneer  to  make  monthly  report  .  171 

auctioneer  to  keep  a  sale  book  .  171 

auctioneer  to  make  monthly  statements  . ; .  171 

hack  license  fee,  hack  numbers  .  172 

hack  stands,  solicitation  of  passengers,  conduct  .  172 

hack  charges  .  173 

duty  of  police  as  to  hackmen  .  173 

billiard,  pool,  shooting  gallery  and  bowling  licenses .  173 

licenses  for  selling  patent  medicines,  etc .  173 

transient  merchants  to  pay  a  license  .  174 

sales  of  bankrupt,  assignee,  trustee,  receiver,  second  hand, 

etc.,  stock  .  174 

drain  layers’  licenses  . .  175 

cement  walk  layers’  licenses  .  175 

steamboat  licenses  . 176,  177 

revocation  of  steamboat  license  for  overloading  boat  .  178 

fortune  tellers,  mind  readers,  etc.,  to  have  a  license .  178 

deg  license  fee  .  178 

general  penalty  for  violation  of  chap.  IV,  ordinances .  179 

miners  under  18  years  not  permitted  in  licensed  saloons  ....  225 

minors  under  18  years  not  to  enter  into  licensed  saloons .  225 

exception  when  accompanied  by  parent  or  guardian .  225 

minors  not  to  drink  intoxicating  liquors .  225 

minors  under  18  years  not  to  pla.y  pool  or  billiards  on 

licensed  tables  .  225 

LIEN— 

taxes  a  lien  on  property  until  paid  .  92 

improvement  bonds  a  lien  on  property  assessed  .  136 

LIFE  PRESERVERS— 

boats  to  carry  .  234 

LIGHTS— 

boats  to  display  proper  lights  .  234 

sail  boats  to  display  . .  ...  231 


INDEX. 


351 


LIGHT—  Page 

council  may  provide  for  lighting  streets  .  137 

council  may  determine  the  price  of  .  137 

LIME— 

council  may  regulate  sale,  etc.,  of  .  65 

LIMITATION  OF  ACTION— 

to  avoid  special  assessments  for  improvements  .  136 

LIQUORS  (see  Licenses,  and  Intoxicating  Liquors)  — 

council  may  license  the  sale  of  .  62 

council  may  prohibit  the  sale  of,  and  dealing  in .  62 

no  liquor  to  be  used  at  fire  except  by  order  of  chief .  161 

penalty  for  use  of  liquors  at  fires  .  161 

chief  of  police  to  prosecute  persons  selling,  without  license  . .  167 

license  for  sale  of,  in  part  of  city  not  to  be  granted  .  168 

gambling  and  disorder  not  to  be  allowed  on  premses  where 

sold  .  169 

not  to  be  sold  or  given  to  minors  or  drunkards  .  169 

not  to  be  sold  or  given  away  on  election  days .  169 

not  to  be  sold,  etc.,  without  a  license  .  169 

LIS  PENDENS— 

to  be  filed  in  foreclosure  of  improvement  bonds  .  137 

LISTS— 

of  officers  and  boards  of  city  (1856-1904)  .  3-46 

LOAFING— 

about  depots  prohibited  .  228 

about  streets  prohibited  .  228 

about  places  of  amusement  prohibited  .  228 

LOCOMOTIVE — 

not  to  obstruct  crossings  . 219 

not  to  cross  streets  until  flagmen,  etc.,  stationed .  232 

climbing  upon,  prohibited  .  233 

LOTS— 

all  lots  to  be  numbered  .  197 

manner  of  numbering  .  197 


352 


INDEX. 


M. 

MACHINERY —  Page 

not  to  be  propelled  on  streets  . . .  222 

MADISON  (see  City  of  Madison) 

MADISON  FREE  LIBRARY— 

names  of  board  and  officers  (1875-1904)  .  43-40 

per  cent  of  tax  levy  set  apart  for  .  91 

establishment  of  . . . . .  188 

location  of  .  188 

acceptance  of  Carnegie  gift  .  188 

MANHOLES  (see  Conduits) 

location,  etc.,  under  direction  of  city  .  212 

material  and  size,  subject  to  approval  . . .  212 

MANURE— 

to  be  kept  in  water  tight  receptacles .  185 

MARKET'S— 

council  may  establish  and  regulate .  05 

MAYOR— 

names  of  mayors,  1856-1904  .  3-29 

corporate  authority  vested  in  .  49 

an  elective  officer  .  50 

term  of  office  (see  chap.  443,  laws  of  1901)  .  50 

preside  over  meeting  of  common  council  .  54 

secure  enforcement  of  laws  and  ordinances  .  54 

appoint  chief  of  police  and  policemen .  54 

appoint  special  police  .  54 

make  report  to  council  at  least  once  a  year .  55 

acting  mayor  and  powers  . .  55 

all  work  provided  for  under  chap.  VI  of  charter  under 

supervision  of  mayor,  supt.  of  streets  and  city  surveyor. .  85 

to  call  council  to  determine  amount  of  taxes .  90 

to  certify  appropriations  to  treasurer  .  95 

may  arrest  for  disobedience  at  fire  . .  100 

to  inform  council  of  commencement  of  action  .  119 


IN  DEX. 


353 


MAYOR — continued.  Page 

may  order  removal  of  paupers .  120 

to  sign  licenses  . ...  120 

may  grant  pardons  .  123 

shall  receive  no  salary  .  125 

to  sign  city  improvement  bonds  .  134 

to  sign  contracts  for  public  works .  143 

to  choose  one  of  three  persons  to  ascertain  damages  to 

wooden  building  by  lire  .  163 

duty  of  mayor  when  wooden  building  deemed  a  nuisance  . . .  164 

member  of  license  board  .  170 

to  sign  auction  licenses  .  170 

to  approve  bonds  of  drain  and  cement  walk  layers .  175-176 

to  appoint  steamboat  inspector  .  177 

may  revoke  steamboat  license  for  overloading  boat .  178 

and  clerk  to  execute  deeds  of  cemetery  lots  .  189 

to  appoint  board  of  cemetery  commissioners .  189 

ex-officio  member  of  board  of  water  commissioners  .  193 

member  of  street  assessment  committee  .  205 

may  with  superintendent  of  streets  grant  permit  to  place 

building  materials  on  street  .  205 

with  surveyor  and  superintendent  of  streets  grant  permit  to 

erect  poles  .  210 

with  surveyor  and  superintendent  of  streets  to  approve 

conduits,  etc . 212 

written  consent  of,  with  surveyor  and  superintendent  of 

streets  necessary  to  lay  conduits  .  213 

may  seize  gaming  devices  .  236 

MEAT  MARKETS  (see  Public  Markets)  — 

location  and  management  subject  to  council  .  63 

MEETINGS— 

wilful  disturbance  of,  prohibited  .  227 

MEETINGS  OF  COUNCIL— 

timo  and  place  of  . 60 

stated  and  special  .  60 

special,  how  called  .  60 


23 


354 


INDEX. 


MERCHANDISE—  Page 

not  to  be  placed  in  streets  or  on  sidewalks  .  217 

exception  .  218 

persons  selling,  not  to  obstruct  streets  or  sidewalks .  219 

MESMERISTS— 

must  have  a  license .  178 


METERS— 

superintendent  of  waterworks  to  keep  a  record  of  .  194 


MIND  READERS— 

must  have  a  license 


178 


MINORS— 

assessments  of  lands  of,  bow  represented  .  73-85 

liquors  not  to  be  sold  or  given  to  .  169 

under  18  not  permitted  in  saloons  .  225 

under  18  not  to  enter  saloons  .  225 

exception  when  minors  accompanied  by  parent  or  guardian  . .  225 

not  to  drink  intoxicating  liquors .  225 

under  18  not  to  play  pool  or  billiards  .  225 

misdemeanor  to  obtain  liquor  under  false  representation  .  . .  226 

under  16  not  to  be  on  streets  after  certain  hours .  226 


MISDEMEANORS  (see  Penalties)  — 

for  council  to  misapply  or  convert  funds  .  90 

penalty  for  conversion  of  funds  .  90 

for  treasurer  to  pay  out  funds  for  purposes  other  than  for 

which  raised  .  90 

to  injure  waterworks,  pollute  waters,  open  hydrants  or  waste 

water  .  105 

for  aldermen  to  vote  in  violation  of  charter .  119 

for  aldermen  to  receive  any  compensation  (exception)  .  119 

for  aldermen  to  be  interested  in  any  city  contract .  119 

for  aldermen  to  buy  in  any  city  indebtedness .  120 

penalty  for  misdemeanor  on  part  of  alderman .  120 

drunkenness,  penalty  for  .  124 

for  minors  to  obtain  liquor  under  false  representation .  226 


MISS1EES — 

not  to  be  thrown 


231 


INDEX.  355 


Page 

MONEYS,  RECEIPT  AND  DISBURSEMENT  OF  (see  Funds)  — 
treasurer  not  to  reecive,  without  giving  receipt,  except 

taxes  .  18G 

receipt  of  treasurer  to  he  countersigned  by  clerk .  186 

treasurer  to  file  duplicate  receipt  with  clerk .  186 

treasurer  to  furnish  clerk  with  duplicate  receipt  of  money 

paid  .  187 

exception  as  to  payment  of  certificates  of  appropriations  ....  187 

annual  budget  .  187 

MORALS  (see  Public  Morals  and  Decency)  — 

offenses  against  .  235 

MORTALITY— 

bills  of,  may  be  required  .  61 

records  of  burials,  etc .  .  191 

MOVING  OF  BUILDINGS— 

permit  from  board  of  public  works  necessary  for .  Ill 

MUNICIPAL  COURT  (see  Courts)  — 

names  of  judges  of,  1874-1904  .  10-29 

MUNICIPAL  JUDGE  (see  Judge)  — 

K 

NAMES  OF  STREETS— 

streets  to  bear  what  names  .  198 

NAUSEOUS  PLACES— 

council  may  compel  the  cleansing  of  .  62 

NON-RESIDENTS— 

assessment  of  lands  of,  for  improvements .  85 

NOTICE— 

of  persons  elected  .  51 

of  removal  from  office  . 71 


356 


INDEX. 


NOTiuE — continued.  Page 

of  construction  or  repair  of  sidewalks  .  80 

of  appeal  from  disallowance  of  claim  (see  Appeal)  .  98 

of  appeal  from  action  of  council  on  report  of  “Board  of 

Assessors”  .  112 

of  assessment  for  change  of  grade  .  130 

irregularity  of  form  not  to  affect  validity  .  130 

by  clerk  of  action  on  report  of  assessments  .  130 

by  clerk  of  final  determination  on  report  of  assessments..  131 

for  bids  for  improvement  of  streets  .  132 

city  improvement  bond  notice  .  134 

of  commencement  of  foreclosure  of  improvement  bonds .  137 

construction  of  “reasonable  notice”* .  158 

to  remove  weeds  to  person  who  receives  rent  deemed  notice 

to  owner  .  165 

to  remove  nuisances  .  180 

to  muzzle  dogs  . 180 

to  remove  noxious  weeds  .  201 

to  company  of  alteration  of  wires  and  conduits .  212 

to  remove  or  trim  trees .  221 

to  repair  sidewalks  .  210 

to  remove  dangerous  buildings  .  230 

NOXIOUS  WEEDS  (see  Weeds)  — 

to  be  destroyed  .  201 

NUISANCES— 

council  may  abate  .  61 

what  are  public  or  common  nuisances  .  70 

when  wooden  buildings  deemed  .  161 

board  of  health  may  order  removal  of  .  180 

notice  to  remove  nuisance  .  180 

expense  of  removal  of  same . 180 

emission  of  dense  smoke,  etc .  200 

burning  of  combustible  material  .  200 

maintenance  of  barb  wire  fences  .  20i 

noxious  weeds  .  201 

when  scaffolds  deemed  . 229 

dangerous  buildings  deemed  .  230 

»*  • 

NUMBERING  OF  LOTS  AND  BUILDINGS— 

all  lots  to  be  numbered  .  1^7 

how  lots  to  be  numbered  .  19? 


INDEX. 


357 


NUMBERING  OF  LOTS  AND  BUILDINGS— continued.  Page 

owners  to  number  buildings  .  197 

manner  of  numbering  buildings  .  197 

penalty  for  neglect  to  number  buildings  .  197 


a 

OATH— 

challenged  voters  to  make .  52 

officers  to  take  .  54 

of  officers  to  be  filed  .  54 

OBSCENE  CONDUCT— 

council  may  restrain  .  65 

forbidden  .  235 

OBSCENE  LANGUAGE— 

council  may  restrain  .  65 

use  of,  forbidden  .  227,  235 

OBSCENE  LITERATURE— 

not  to  be  sold  or  given  away  .  235 

OBSCENITY— 

council  may  restrain  same  on  streets  .  63 

OBSTRUCTIONS  (see  Streets  and  Alleys,  Sidewalks,  Encroachments)  — 

on  streets,  etc.,  to  be  lighted  at  night  .  206 

on  streets,  alleys,  sidewalks  .  206,  209,  217,  219 

OFFAL  (see  Garbage)  — 

defined  .  183 

not  to  be  deposited  in  waters  .  182 

collected,  removal  and  disposal  of,  under  direction  of  street 
superintendent  .  183 

OFFENDERS— 

may  be  imprisoned  in  county  jail  .  121 


358 


INDEX. 


OP^FENSES  (see  Misdemeanors,  Penalties,  Fines) —  Page 

to  use  or  distribute  liquor  at  fires  .  161 


OFFICE  (see  Officers)  — 

term  of  .  50 

vacancies  in,  how  filled  .  51 

when  deemed  vacant .  55 

oath  of  .  54 


OFFICER’S — • 

lists  of  city  officers  . 

elective  officers  . 

terms  of  office  of  officers  . 

election  of  . 

vacancies,  Low  filled  . 

term  of  office  of  persons  elected  to  fill  vacancy  . 

term  of  office  of  aldermen  . . 

officers  elected  to  fill  vacancies  to  enter  upon  duties  at  once  .  . 

officers  to  take  oath  . . 

certain  officers  to  give  a  bond  . 

common  council  may  appoint  additional  officers . 

additional  duties  may  be  required  of  . 

✓ 

salaries  of,  not  to  be  increased  or  diminished  during  term  .  . . 

to  deliver  books,  etc.,  to  successors  in  office . 

peace  officers  . 

books  to  be  audited  by  council  . 

failure  to  exhibit  book  and  render  account  . 

council  may  order  suit  against  delinquent  officers  . 

council  may  for  reasonable  cause  remove  officers . 


3-46 

50 

50 
50, 51 

51 
51 

50,53 

53 

54 
54 

r  rr 

vJ  i 

57 

57 

58 
58 
71 
71 
71 
71 


OFFICIAL  BOND— 

certain  officers  to  give  .  54 

street  superintendent  to  give  .  82 

superintendent  of  waterworks  to  give  .  194 

additional  bonds  may  be  required  of  officers .  54 

OFFICIAL  PAPER— 

notices  for  bids  to  be  published  in  .  84 

council  to  choose  .  58.70 


OMNIBUSES  (see  Hacks-) 


INDEX. 


359 


ORDERS — -  Page 

arrest  for  disobedience  of  .  100 

OPENING  STREETS,  ETC..  BY  PETITION— 

what  petition  to  contain  and  set  forth .  72 

council  to  declare  by  resolution  what  land  to  take  .  72 

city  clerk  to  give  notice  of  application  for  jury .  72 

notice,  to  be  served  upon  each  property  owner  .  72 

manner  of  service  of  notice  .  72 

hearing  before  county  judge  .  73 

drawing  of  jury  .  73 

duties  of  jurors  .  73,74 

verdict,  appraisement  and  award  of  jurors  .  74 

appeal  from  award  .  74 

proceedings  on  appeal  .  74,75 

appeal,  how  tried  in  circuit  court  .  75 

costs  on  appeal  .  75 

action  of  council  upon  verdict  of  jury .  75 

assessment  of  tax  upon  property  benefited .  76 

modification  of  assessment  .  76 

sums  assessed  a  lien  to  be  collected  as  other  taxes .  76 


OPERA  HOUSE— 

special  law  authorizing  city  to  remit  taxes  on  .  149 

to  be  licensed  .  170 


ORDINANCES— 


style  of,  shall  be  . . . . 

to  have  force  of  law  . 

to  be  passed  by  affirmative  vote  of  majority  of  council  ., . 

must  be  signed  by  mayor  before  in  effect . 

must  be  published  .  58,  70, 

city  clerk  to  record  . . . 

for  construction,  repair,  etc.,  of  any  sidewalk  or  gutter . 

to  be  referred  to  a  committee  . 

such  ordinances  not  to  be  passed  within  14  days . 

nor  until  published  in  the  official  paper  . 

council  may  pass,  to  carry  into  effect  street  improvements  . . 

creating  1st  and  8th  wards  out  of  precincts  of  1st  ward . 

creating  2d  and  7th  wards  out  of  precincts  of  2d  ward  . 

creating  4th  and  9th  wards  out  of  precincts  of  4th  ward  .... 
annexing  territory  and  creating  10th  ward . 


60 

61 

69 

69 
78 

70 
77 
77 
77 
77 
87 

152 

153 

155 

156 


360 


INDEX. 


ORDINANCES — continued.  Page 

effect  of  repeal  of  .  153 

construction  and  interpretation  of  .  158 

when  to  take  effect  .  159 

construction  of  “reasonable  time”  and  “reasonable  notice”  . .  159 

penalty  for  violation  of,  where  no  penalty  provided  .  159 

OX-EYED  DAISY— 

owners  of  lots  to  remove  .  201 

P. 

PALMISTS— 

must  have  a  license  .  178 

PARDONS— 

mayor  may  grant .  123 

PARKS— 

opening  of  parks  by  petition  (see  Opening  Streets  by 

Petition)  .  71 

act  authorizing  governor  to  co-operate  with  city  in  paving 

about  capitol  park  .  151 

council  may  open  parks  by  petition  .  71 

PATENT  MEDICINES— 

must  have  a  license  to  sell .  173 

fee  to  be  fixed  by  license  board  .  173 

PATROL  WAGON— 

chief  of  police  to  have  charge  of  . .  167 

PAUPERS— 

removal  to  county  farm  .  120 

city  to  care  for,  until  removal  .  120 

PAVEMENTS  (see  Public  Improvements,  and  Street  Improvements)  — 

permit  must  be  had  to  tear  up . , .  221 

must  be  properly  relaid,  inspection  of .  208,200 


INDEX.  361 


PAWN  SHOPS—  Page 

how  regulated  .  224 

to  keep  a  record  of  articles  .  224 

penalty  for  violating  ordinance  relating  to  .  224 

record  open  to  inspection  of  any  police  officer  or  sheriff  ....  224 

PEACE  (see  Public  Peace  and  Quiet)  — 

PEACE  OFFICERS— 

who  are,  and  powers  of  .  58 

PENALTIES  (see  Fines  and  Forfeitures,  Misdemeanors,  Offenses)  — 
general,  for  violation  of  ordinances  where  no  penalty  pro¬ 
vided  .  159 

for  failure  to  pay  poll  tax  .  80 

to  become  a  part  of  general  fund  .  89 

for  conversion  of  funds  by  council  .  90 

for  wrongful  payment  of  funds  by  treasurer  .  90 

for  disobeying  orders  at  tire  .  100 

for  injuring  water  works,  polluting  or  wasting  water .  105 

action  for,  to  be  brought  in  corporate  name .  117 

judgment  in  actions  for  .  118 

for  misdemeanors  on  part  of  members  of  council .  120 

for  drunkenness  .  227. 12 4 

for  sale  of  liquor  to  minors  .  169 

for  sale  of  liquor  to  drunkards  .  169 

for  sale  of  liquor  on  election  day .  169 

for  sale  or  dealing  in  liquor  without  a  license .  169 

for  exhibiting  without  a  license  .  170 

for  sellng  at  auction  without  a  license  .  170 

for  conducting  skating  rink  without  license .  172 

for  disorderly  conduct  by  hackmen .  172 

for  conducting  billiard  or  pool  room,  shooting  gallery  or 

bowling  alley  without  a  license  .  173 

for  selling  of  goods  by  transient  merchants  without  license  .  .  174 

for  selling  bankrupt,  etc.,  stock  without  a  license  .  175 

for  running  steamboats  without  license  .  176 

for  allowing  dogs  to  run  at  large  without  license . .  178 

for  failure  to  remove  nuisances  .  180 

for  leaving  quarantined  premises  .  IS! 

for  failure  of  physicians  to  give  notice  to  board  of  health  of 

persons  afflicted  with  contagious  diseases  .  181 


INDEX. 


O 


62 


PENALTIES — continued.  Page 

for  resistance  to  health  officers  .  185 

for  violation  of  ordinances  relating  to  public  health  .  185 

for  allowing  animals  to  run  at  large .  186 

for  defacing  monuments  or  taking  flowers  .  102 

for  neglect  to  number  buildings .  107 

for  creating  a  smoke  nuisance  .  200 

for  burning  combustible  material  on  streets,  etc .  200 

for  maintaining  barb  wire  fences  .  201 

for  failure  to  destroy  noxious  weeds  .  201 

for  making  connections  with  sewers  without  permit .  202 

for  depositing  injurious  substances  in  sewers  or  drains .  203 

for  excavating  around  sewers  without  permit  .  202 

general  penalty  for  violating  ordinances  relating  to  sewers 

and  drains  .  204 

for  placing  materials  on  streets  without  permit  .  206 

for  moving  buildings  without  permit .  207 

for  making  excavations  without  permit  .  209 

for  constructing  encroachments  on  streets  .  . . 209 

for  failure  to  move  encroachments  on  streets  .  209 

for  failure  to  change  location  of  wires,  conduits,  etc .  212 

for  violation  of  ordinance  relating  to  poles,  wires  and 

conduits  .  215 

for  violation  of  provisions  relating  to  construction  of  side¬ 
walks  .  216 

for  failure  to  promptly  repair  sidewalks  .  216 

for  placing  merchandise,  fuel,  etc.,  on  streets  and  sidewalks.  .  218 

for  failure  to  properly  construct  awnings,  etc .  218 

for  obstructing  streets  or  sidewalks  with  signs,  showbills, 

etc . 219 

for  obstructing  streets  or  sidewalks  with  trains,  wagons,  etc.  219 

for  failure  to  remove  snow  and  ice  from  sidewalks .  222 

for  maintaining  plank  approaches  on  paved  streets  .  923 

for  improper  construction  of  vaults  under  sidewalks  .  223 

general  penalty  for  violation  of  ordinances  relating  to  streets, 

sidewalks,  alleys,  etc . 223 

for  injury  to  property  .  224 

for  fastening  horses  to  trees  .  224 

for  failure  to  close  saloons  and  remove  screens  .  225 

for  allowing  minors  to  enter  saloons  .  225 

for  minors  to  enter  saloons  .  225 

for  minors  to  drink  intoxicating  liquors  .  225 


INDEX.  368 


PENALTIES — continued.  Page 

for  minors  to  play  pool  and  billiards .  225 

for  minors  to  obtain  liquor  under  false  representation .  226 

for  maintaining  stalls  in  connection  with  saloons  .  226 

for  failure  to  close  barber  shops  on  Sunday .  227 

for  cruelty  to  dumb  animals  .  227 

for  drunkenness  .  124,  227 

for  using  obscene  language  .  227 

for  disorderly  conduct  .  227 

for  disturbing  meetings  .  227 

for  sounding  railroad  whistles  .  227 

for  sounding  steamboat  whistles  .  228 

for  loafing  about  depots .  228 

general  penalty  for  violating  chap.  XVII  of  ordinances....  229 

for  failure  to  properly  erect  scaffolds .  229 

for  failure  to  remove  dangerous  buildings  .  230 

for  running  automobiles  faster  than  12  miles  per  hour .  231 

for  obstructing  aisles  and  approaches  to  halls  .  231 

for  failure  to  place  safeguards  when  cutting  ice .  231 

for  obstructing  street  railway  .  232 

for  running  trains  over  crossings  before  gates,  etc.,  erected  . .  233 

for  climbing  on  cars  . . .  233 

for  failure  to  properly  store  gasoline  or  kerosene .  233 

for  failure  of  boats  to  display  lights  .  233-  4 

general  penalty  for  violation  of  chap.  XVIII  of  ordinances  .  .  234 

for  maintaining  houses  of  ill  fame  .  235 

for  maintaining  gambling  houses  .  235 

for  resisting  seizure  of  gaming  devices .  23*1 

general  penalty  for  volating  chap.  XIX  of  ordinances .  236 

PER  DIEM— 

of  police  .  54,  55 

of  street  superintendent  .  81 

.  of  chief  of  police,  when  acting  as  street  superintendent .  82 

PERJURY— 

false  swearing  to  affidavit  verifying  claims  .  96 

PERMIT— 

from  board  of  public  works  necessary  to  move  buildings  or 
place  obstruction  on  streets  .  141 


364 


INDEX. 


PERMIT — 'Continued.  Page 

to  lay  sewers  and  drains  .  201 

how  granted  .  201 

fee  for .  201 

city  surveyor  to  endorse  specifications  upon  .  202 

to  place  building  material  on  streets  .  205 

mayor  and  superintendent  of  streets  may  grant  permit....  205 

time  of  permit  .  205 

application  for  permit  to  place  building  materials  .  206 

penalty  for  placing  materials  without  permit .  206 

to  move  buildings  along  streets .  206 

manner  of  granting  permit  to  move  buildings .  207 

penalty  for  moving  buildings  without  permit .  207 

person  receiving  permit  liable  to  city  for  any  damage .  207 

for  making  excavations  in  streets  .  208 

manner  of  granting  permit  to  make  excavation .  208 

clerk  to  keep  a  record  of  all  permits  .  208 

PERSONAL  PROPERTY  (see  Property)  — 

all  non-exempt,  liable  to  taxation  .  89 

may  be  sold  in  payment  of  taxes .  q2 

PETITION  (see  Opening,  etc.,  Streets  by  Petition)  — 

to  council  to  open,  widen,  etc:,  streets  .  71,  128 

PHYSICIANS  — 

to  notify  board  of  health  of  persons  afflicted  with  contagious 

diseases  . 181 

penalty  for  failure  to  give  such  notice  .  181 

PIPES— 

time  and  manner  of  laying,  subject  to  board  of  public 

works  .  141 

PLANK— 

not  to  be  placed  in  streets  or  on  sidewalks .  217 

exception  .  218 


PLANK  APPROACHES— 

prohibited  on  paved  streets 


222 


365 


INDEX 


PLANS —  Page 

of  city  surveyor,  the  property  of  the  city .  GO 

PLATFORMS-- 

not  to  extend  into  streets  .  201) 

PLUMBERS  AND  PIPE  FITTERS— 

penalty  for  violations  of  water  ordinances  .  197 

POISON— 

when  sold  or  given  away  to  be  labeled  .  229 

POLES  AND  POSTS— 

time  and  manner  of  erection,  subject  to  board  of  public 

works  .  141 

city  may  regulate  the  placing  and  resetting  of .  210 

material,  height  and  painting  of  .  210 

not  to  be  erected  without  a  permit  .  21 0 

permit  to  erect,  how  granted  .  210-211 

use  of  alleys  for  erection  of  .  211 

maimer  of  erection  of,  in  streets  .  21.1 

resetting  of,  when  streets  regraded  .  211 

city  reserves  right  to  grant  right  of  way  for  erection  of .  2il 

city  reserves  right  to  grant  to  others  the  use  of  .  211 

compensation  for  use  of  poles  by  others .  212 

city  reserves  right  to  order  removal  of .  212 

penalty  for  failure  to  change  location  of .  212 

mayor,  surveyor  and  superintendent  of  streets  to  act  as  one 

body  in  matters  relating  to  .  213 

persons  erecting,  to  save  city  harmless  .  214 

city  may  prescribe  other  modes  of  stringing  wires .  215 

POLICE,  CHIEF  OF  (see  chief  of  police)  — 

POLICE,  CHIEF  OF  (see  Chief  of  Police)  — 

names  of  board  of  police  and  fire  commissioners .  32 

policemen  to  receive  fees  allowed  to  constable  .  54 

salary  of  . 54 

appointment  of  special  policemen  .  54' 

fees,  etc,,  of  special  policemen  .  55 

under  control  of  mayor  and  chief  of  police .  57 

power  of  constables .  57 


INDEX. 


o  /■»  n 

■>  o  o 


POLICE  DEPARTMENT  AND  POLICE  REGULATIONS— con.  Page 

authority  limited  to  city  limits,  exception  .  57 

council  may  make  rules  and  ordinances  for  government  of  .  .  65 

council  may  remove  for  cause  .  124 

duty  of  policemen  at  fires  .  160 

who  compose  the  department  .  166 

appointment  of  chief  and  other  members  .  166 

members  to  devote  whole  time  to  department .  166 

duties  of  members  of  department  .  166 

general  duties  of  chief  of  police  .  166,  167 

police  officers  may  command  persons  to  assist  them  .  167 

penalty  for  aiding  in  or  resisting  police  officers .  167 

regular  policemen  to  wear  uniforms  .  168 

salaries  of  members  .  167 

failure  to  wear  uniforms,  office  deemed  vacated  .  168 

for  wilful  neglect  of  police  officers  .  168 

duty  of,  as  to  hackmen  .  173 

to  kill  dogs  not  muzzled  .  186 

duty  to  enforce  ordinances  relating  to  public  policy .  227 

duty  to  seize  gaming  devices  .  236 

POLICE  JUSTICES  (see  Judges)  — 

names  of  justices,  1856-1873  .  3-  10 

POLLS— 

when  opened  and  closed  .  51 


POLL  TAX— 

who  shall  pay  . 

assessor  to  make  duplicate  list 

how  collected . 

penalty  for  failure  to  pay  .... 
proceedings  for  collection  of  . 

how  expended  . 

working  out  of  poll  tax . 

firemen  exempt  from  . 


POOL  ROOM— 

must  have  license .  1/3 

POOL  TABLES— 

minors  not  to  play  on  licensed  tables  .  225 


50 
80 

51 
81 
81 
81 
81 
99 


INDEX. 


367 


POULTRY  (see  Animals; —  Page 

POUND— 

council  may  restrain  and  impound  cattle,  etc .  03 

council  may  establish  .  64 


POWDER  (see  Gunpowder  and  Explosives)  — 

; 

POWERS  OF  CITY  (see  Corporate  Power) — 


PRESIDENT  OF  COUNCIL— 

election  of  . .  55 

duties  of  .  55 

PRICKLY  LETTUCE— 

owners  of  lots  to  remove  .  201 

PRINTING— 

to  be  let  by  council  to  lowest  bidder  .  53 

conditions  of  letting  of  contract  .  58 

ordinances  and  proceedings  to  be  published  .  58 

proofs  of  publication  .  58 

i 

PRIVIES— 

may  be  removed  .  62 

health  inspector  to  examine  .  182 

cleaning  of  .  183 

not  to  be  connected  with  sewers  .  204 

PRIZE  PACKAGES,  ETC  — 

must  have  a  license  to  sell  .  173 

fee  to  be  fixed  by  license  boerd  .  173 

PROCESS— 

how  served  on  city  .  . .  118 

PROPERTY— 

of  city,  council  to  control  .  61 

all  non-exempt,  subject  to  taxation  .  89 

how  assessed  (see  Assessments)  .  89 

all  real  estate  subject  to  special  taxes .  95 

city  may  hold,  sell  and  convey  .  119 


INDEX. 


Q 

O 


PROPERTY— continued.  Page 

city  property  exempt  from  taxes  .  119 

private  property  not  liable  for  city  debt  .  122 

not  to  be  disfigured  .  224 

injury  to .  224 

penalty  for  wilful  injury  to .  224 

PROOFS  OF  PUBLICATION— 

to  be  made  .  58 

PUBLIC  ACT— 

charter  declared  a  . 125 


PUBLICATION— 

of  ordinances,  etc .  58.  70 

affidavit  of  .  58 

ordinances  to  take  effect  after  .  159 


PUBLIC  GROUNDS— 

water  mains,  etc.,  may  be  laid  through 


102 


PUBLIC  HALLS— 

aisles,  etc.,  not  to  be  obstructed 


231 


PUBLIC  HEALTH— 

council  to  elect  board  of  health .  179 

health  physician  .  179 

health  inspector  .  179 

board  of  health  may  make  rules  and  regulations .  179 

nuisances — removal  of  same  .  180 

examination  of  buildings,  etc .  180 

refusal  of  entry,  to  examine  buildings  .  180 

duty  of  health  physician  .  180 

contagious  and  infectious  diseases  .  180 

quarantining  of  premises  .  180,  181 

persons  quarantined  not  to  leave  premises  .  181 

practicing  physicians  to  give  notice  to  board  of  persons 

afflicted  with  contagious  diseases  . .  181 

removal  of  persons  afflicted  with  contagious,  etc.,  diseases  .  . .  182 

slaughtering  of  animals  within  city  .  182 

emptying  of  drains  and  sewers . 182 


INDEX.  369 


PUBLIC  HEALTH — continued.  Page 

deposit  and  removal  of  dead  animal,  vegetable  or  mineral 

matter  .  182 

waters  not  to  be  contaminated  .  182 

garbage,  removal  and  collection  of  .  183,  184,  185 

penalty  for  resistance  to  health  officers  .  185 

general  penalty  for  violation  of  ordinances  relating  to  public 

health  .  185 

spitting  in  street  cars  .  185 

manure  to  be  deposited  in  water  tight  receptacles  .  185 

PUBLIC  IMPROVEMENTS  (chap.  VI  of  charter)  — 

estimate  to  be  made  (see  assessments)  .  83 

contract  for,  may  be  let  to  lowest  bidder .  83 

council  may  reject  all  bids  .  S3 

contract  for  same,  how  executed  .  84 

PUBLIC  MARKETS— 

council  may  establish  and  make  rules  for  .  65 

PUBLIC  MORALS  AND  DECENCY— 

wanton  or  obscene  language,  etc.,  forbidden .  235 

indecent  exposure  of  person  forbidden  .  235 

obscene  literature  not  to  be  sold,  etc .  235 

disorderly  houses  .  235 

houses  of  ill  fame  .  235 

women  of  ill  fame  .  235 

exhibition  of  animals  .  235 

gaming  devices  . 235 

duty  of  city  officers  as  to  gaming  devices,  etc .  236 

bathing  .  236 

befouling  waters  of  wells  .  236 

PUBLIC  PEACE  AND  QUIET— 

drunkenness  on  streets,  etc.,  forbidden .  .  227 

obscene  language  forbidden  .  227 

disorderly  conduct  forbidden  .  227 

unnecessary  sounding  of  railroad  whistles  .  227 

unnecessary  sounding  of  steamboat  whistles  .  227 

steamboat  license  may  be  revoked  for  sounding  whistles  ...  228 

whistles  may  be  sounded  in  case  of  fire,  etc .  228 

loitering  about  depots  and  tracks  prohibited  .  228 


24 


INDEX. 


O  I 


0 


PUBLIC  PEACE  AND  QUIET— continued.  Page 

loafing  about,  streets  prohibited  .  228 

leafing  about  places  of  amusement  prohibited  .  228 

stairways,  not  to  be  obstructed  .  229 

penalty  for  violation  of  chap.  XVII  of  ordinances  .  229 

PUBLIC  POLICY— 

destruction  of  birds  prohibited  .  224 

disfigurement  of  property  .  224 

injury  to  public  or  private  property  .  224 

fastening  of  horses  to  trees  prohibited  .  224 

regulation  of  pawn  shops  .  224 

closing  of  saloons  .  225 

minors  under  18  years  not  permitted  in  saloons .  225 

minors  under  18  years  not  to  enter  saloons .  225 

exception  when  minor  accompanied  by  parent  or  guardian  .  .  225 

minors  not  to  drink  intoxicating  liquors  .  225 

minors  not  to  play  pool  or  billiards  . .  225 

misdemeanor  for  minors  to  obtain  liquor  under  false  repre¬ 
sentation  . 22b* 

stalls  connected  with  saloons  prohibited  .  226 

construction  of  words  “saloons”,  “restaurant”  .  226 

barber  shops  to  be  closed  on  Sunday  .  227 

cruelty  to  animals  .  227 

police  to  enforce  chapter  on  public  policy  .  227 

general  penalty  for  violation  of  ordinances  relating  to  public 
policy  .  227 

PUBLIC  SAFETY— 

discharging  of  firearms  and  explosives  forbidden .  229 

burning  of  inflammable  material  forbidden  .  229 

poison  to  be  conspicuously  labeled  .  229 

scaffolds — how  erected  .  229 

dangerous  buildings — notice — removal  .  229 

bicycles  to  be  provided  with  lamps .  230 

speed  of  bicycles,  automobiles,  etc .  230 

autocycles,  etc.,  how  run  and  operated  on  streets .  230 

cellar  doors,  etc.,  on  sidewalks  .  231 

aisles  and  approaches  not  to  be  obstructed .  231 

safe  guards  to  be  placed  in  cutting  ice .  231 

vicious  dogs  not  to  be  kept  .  231 

horses  not  to  be  left  unfastened  .  231 


INDEX. 


371 


PUBLIC  SAFETY— continued.  Page 

throwing  of  stones,  etc.,  prohibited  .  231 

obstructions  to  street  railway  .  232 

maintenance  by  railroads  of  gates,  flagmen,  gongs  .  232 

duty  of  railroad  employees  .  232 

climbing  upon  cars  forbidden  .  233 

storage  of  gasoline,  kerosene,  etc .  233 

storage  of  gunpowder  . , .  233 

boats  to  display  lights  .  233 

boats  to  carry  life  preservers  .  234 

sailboats  to  display  lights  .  234 

steamboat  to  give  sailboat  advantage  .  234 

anchoring  places  for  boats  .  234 

boat  whistles,  bell  signals  .  244 

penalty  for  violation  of  chap.  XVIII  of  ordinances .  234 

PUTRID  MATTER— 

council  may  regulate  the  placing  of,  in  city  .  64 


Q.  ‘ 

QUALIFIED  ELECTORS— 

who  are  . 

QUALIFICATIONS  OF  MEMBERS  OF  COUNCIL— 

council  judge  of  elections  and  qualifications  of  its  members  . .  61 

QUARANTINE— 

lieatlh  officer  to  quarantine,  where  exist  contagious  diseases  181 
persons  quarantined  not  to  leave  premises  .  181 

QUORUM— 

what  shall  constitute  a  quorum  of  council  .  60 

of  board  of  public  works  .  1,41 


372 


INDEX. 


R. 


RACING—  Page 

council  may  prevent  horse  racing,  etc .  G3 


RAGS— 

not  to  oe  deposited  in  sewers  and  drains  .  202 

RAG  WEED— 

owners  of  lots  to  remove  .  201 

RAILROAD  CROSSINGS— 

flagmen  to  be  stationed  at  .  232 

RAILROAD  DEPOTS— 

loafing  about,  forbidden  .  228 

RAILROAD  EMPLOYEES— 

not  to  run  trains  over  crossings  until  gates,  etc.,  erected  ....  232 


RAILROADS— 

council  may  regulate  use  and  running  of  engines  and  speed 

of  trains  . 

council  may  direct  location  and  control  of  tracks . 

companies  to  maintain  bridges,  etc . 

unnecessary  sounding  of  whistles  prohibited . 

where  to  maintain  gates,  flagmen,  gongs  . 

employees  not  to  run  trains  over  crossings  until  gates,  etc., 
erected  . 


RAIN— 

not  to  be  drained  into  sewers  .  202 

REASONABLE  TIME  AND  NOTICE— 

construction  of  .  158 

RECORDS— 

clerk  to  keep  .  56 

clerk’s  records  as  evidence  . 56 

surveys,  profiles,  plans,  estimates,  open  to  inspection  .  60 


67 

67 

68 
227 
232 

232 


INDEX. 


373 


RECORDS — continued.  Page 

preserved  id  office  of  city  surveyor  .  60 

chief  of  fire  department  to  keep  a  record  .  160 

chief  of  police  to  keep  a  record  of  moneys  received .  167 

superintendent  of  waterworks  to  keep  a  record .  194 

city  surveyor  to  keep,  of  all  sewer  connections  .  202 

RELIGIOUS  ASSEMBLIES— 

net  to  be  disturbed  .  227 

REMOVAL  OF  OFFICERS— 

for  failure  to  give  bond  .  54 

for  neglect  or  failure  to  exhibit  books,  etc .  71 

for  cause .  71 

of  treasurer,  for  neglect  of  duties .  96 

of  policemen  . 124 

REPEAL  OF  ORDINANCES— 

effect  of  repeal  .  158 

clause  repealing  certain  ordinances  .  237 

REPORT— 

superintendent  of  streets  to  render  .  81 

of  board  of  public  works  to  council  .  141 

chief  of  fire  department  to  make  to  council  .  160 

chief  of  police  to  make  to  council .  167 

steamboat  inspectors  to  make  and  file .  177 

RESOLUTIONS— 

creating  an  indebtedness  or  liability  to  be  approved  by  mayor  70 
RESTAURANT— 

construction  of  word  “Restaurant”  .  226 

maintenance  of  bar  in  connection  with  .  226 

RETURNS  OF  ELECTIONS— 

to  be  canvassed .  *1 

REVENUES  (see  Funds.  Moneys,  Annual  Budget)  — 


RIDING  (see  Fast  Driving  and  Riding)  — 


374 


INDEX. 


RIOTING,  RIOTS,  DISTURBANCES,  ETC.—  Page 

summary  suppression  of,  by  peace  officers .  58 

calling  of  by-standers  to  suppress  .  58 

council  may  prevent  .  62 

ROLLER  SKATING  RINK— 

license  must  be  had  for .  172 

RUBBISH— 

council  may  compel  the  removal  of  .  66 

not  to  be  scattered  on  street  .  220 

not  to  be  deposited  in  waters,  etc .  182 

RULES  OF  COUNCIL— 

council  may  determine  rules  of  its  own  proceedings .  61 

standing  rules  of  .  57,  289-293 

RUNNERS— 

council  may  regulate  solicitors  and  .  65 

s. 

SACK  COMPANIES— 

organiztaion  of  .  109 

subject  to  control  of  chief  of  lire  department  .  100 

members  may  act  as  special  police  .  101 

rights  and  immunities  of .  101 

duty  to  protect  property  at  fires . • .  101 

entitled  to  no  compensation  .  101 

privileges  in  case  of  riot .  101 

shall  take  an  oath  .  101 

record  of  members,  to  be  kept  by  clerk  .  101 

SAFETY  (see  Public  Safety)  — 

SAILBOATS— 

to  carry  life  preservers .  234 

to  display  lights  .  231 

steamboats  to  give  advantage  to  .  234 


INDEX. 


375 


SALARIES—  Page 

not  to  be  increased  or  diminished  during  term  of  office .  57 

of  street  superintendent .  81 

mayor  and  aldermen  shall  receive  no  salary  (exception,  119)  125 

of  board  of  public  works  .  140 

SALES  A'T  AUCTIONS  (see  Auctions)  — 

SALOONS  (see  Licenses,  Liquors,  etc.)  — 

council  may  license  .  61 

license  moneys  a  part  of  general  fund  .  89 

when  shall  be  closed  .  224 

when  may  be  opened  .  225 

when  closed,  shades,  etc.,  to  be  removed .  225 

penalty  for  failure  to  close  and  remove  screens .  225 

minors  under  18  years  not  to  he  allowed  in .  225 

minors  under  18  years  not  to  enter .  225 

exception,  when  minors  with  parent  or  guardian .  225 

minor  not  to  drink  intoxicating  liquor  in  .  225 

minor  under  18  years  not  to  play  billiards  or  pool  .  225 

construction  of  word  ‘‘Saloon”  .  226 

SAND— 

not  to  be  scattered  on  streets  .  220 

SCAFFOLDS— 

how  to  be  erected  .  229 

when  deemed  a  nuisance  .  229 

SCALES— 

council  may  regulate  places,  manner  of  weighing  hay,  etc.  . .  65 

SCHOOLS  (see  Board  of  Education)  — 

per  cent  of  tax  levy  set  apart  for  indebtedness  of .  91 

per  cent  of  tax  levy  set  apart  for  current  expenses .  91 

under  control  of  Board  of  Education  .  116 

instruction  may  be  given  in  modern  languages  .  116 

special  tax  may  be  levied  for  benefit  of  .  116 

portion  of  town  detached  and  made  part  of  4th  ward,  for 

school  purposes .  116 

portion  of  section  22,  of  town,  made  part  of  city,  for  school 

purposes  .  146 

portion  of  city  made  part  of  town,  for  school  purposes .  147 


376 


INDEX. 


SCRIP—  Page 

or  other  evidence  of  debt,  not  to  be  issued .  95 

SEAL— 

city  shall  have  a  common  seal  .  47 

city  may  change  same  .  47 

clerk  to  keep  .  56 

SERVICE  CONNECTIONS  AND  PIPE— 

how  made  .  195 

pipe  to  be  used  .  195 

making  and  laying  of,  when  streets  macadamized  .  195 

expense  of  laying  service  pipes  .  195 

SEWERS  AND  DRAINS— 

council  may  provide  for  construction  of  sewers .  64 

council  may  grant  permission  to  construct  drains .  67 

drains  into  lakes  to  be  of  metal  or  cement  pipe  .  67 

council  may  construct,  alter  or  repair . . .  106 

assessment  of  costs  of  construction,  etc .  106-8-13 

order  of  council  for  construction  of  .  106  * 

publication  of  order  .  106 

hearing  on  order  .  106 

surveys,  plans,  etc.,  to  be  made  by  city  surveyor .  10G 

plans,  how  made,  and  what  to  contain  .  107 

clerk  to  give  notice  of  filing  of  plans .  107 

council  may  adopt  or  reject  plans  .  107 

.  advertisement  for  sealed  proposals  .  107 

letting  of  contract  for  work .  107-8 

board  of  assessors  to  assess  costs  of  construction .  109 

when  council  may  construct  at  cost  of  city .  110 

expense  to  city,  a  lien  like  other  taxes  .  110 

“Board  of  Assessors"’  to  deposit  with  clerk,  copy  of  their 

report  .  110 

what  report  and  diagram  to  contain  .  110 

publication  of  notice  of  deposit  of  report .  Ill 

objections  to  report,  manner  of  making  and  filing .  Ill 

final  report  to  be  transmitted  to  council .  Ill 

report  to  council,  what  to  consist  of  .  Ill 

council  (to  act  on  report  .  112 

appeal  from  action  of  council  on  report .  112 

costs  on  appeal  .  113 


INDEX.  377 


SEWERS  AND  DRAINS— continued.  Page 

compensation  of  “Board  of  Assessors”  .  113 

part  of  expense  of  construction,  may  be  borne  by  city .  113 

health  inspector  to  examine  sewer  connections  .  181 

from  barns,  etc.,  not  to  run  into  open  sewers  or  upon  streets  182 

under  supervision  of  city  surveyor  .  201 

permit  to  connect  private  drain,  fee  .  201 

not  to  be  laid  except,  under  direction  of  city  surveyor .  201 

how  permit  to  connect  private  drain,  granted .  201 

specifications  for  drain  to  be  endorsed  upon  permit  .  202 

city  surveyor  to  keep  a  record  of  all  connections .  202 

penalty  for  making  connections  without  permit .  202 

penalty  for  excavating  about  sewers  without  permit .  202 

connections  with,  when  streets  ordered  macadamized  .  202 

rain  and  surface  water  not  to  be  drained  into .  202 

substances  not  to  be  deposited  in .  202 

sewage  not  to  be  discharged  into  lakes .  203 

character  of  drain  pipe  to  be  used  .  203 

regulations  governing  the  laying  of  drain  pipes .  203 

catch  basins  and  traps  to  be  used  .  204 

privy  vaults  not  to  be  connected  with  .  204 

steam  exhausts  not  to  be  connected  with  .  204 

no  drain  layer  to  allow  his  name  to  be  used  by  another 

person  .  204 

general  penalty  for  violations  of  ordinances  relating  to .  204 

SEXTON  OF  CEMETERY— 

appointed  by  board  of  commissioners  .  189 

term  of  office — salary  .  189 

duties  .  ISO 

SHADE  TREES  (see  Trees)  — 

SHEEP  (see  Animals)  — 

SHERIFF  OF  DANE  COUNTY— 

powers  of,  within  city  .  58 

SHOOTING  GALLERY— 

must  have  a  license  .  173 


SHORE  LINES  (see  Water  and  Shore  Lines)  — 


INDEX. 


SHOWBILLS—  Page 

not  to  project  over  streets  or  sidewalks  .  218 

SHOW  CASES— 

not  to  project  over  streets  or  sidewalks .  218 

SHOWS  AND  SHOWMEN— 

council  may  license  .  61 

to  pay  a  license  .  170 

SIDEWALK  INSPECTOR— 

superintendent  of  streets  to  appoint  .  205 

salary  to  be  fixed  by  council . 205 

SIDEWALKS— 

council  may  regulate  the  repair  and  construction  of .  63 

council  may  prevent  riding  or  driving  on  .  61 

ordinances  for  repair,  etc.,  of.  to  be  referred  to  committee  .  .  77 

such  ordinances  not  to  be  passed  within  14  days .  77 

nor  until  published  in  official  paper  .  77 

street  superintendent  to  keep  clean  .  77 

street  superintendent  to  supervise  contract  work  for  improve¬ 
ment  of  .  78 

to  be  constructed  or  repaired  upon  established  grade .  78 

to  be  constructed  as  common  council  shall  direct .  78 

upon  failure  to  construct,  common  council  cause  same  to  be 

done  .  78 

how  such  sidewalks  to  be  constructed  .  78 

council  may  order,  or  construct,  or  repair . .  78 

city  clerk  receive  all  proposals  for  construction  and  repair.  .  79 

compensation  for  building  sidewalks,  when  made  .  79 

street  superintendent  may  make  repairs  upon  .  79 

street  superintendent  to  make  itemized  bill  of  repairs .  79 

clerk  to  present  bill  for  repairs  .  79 

two  weeks  notice  for  construction  of,  to  be  given  to  owner  . .  79 

service  of  notice,  to  repair  or  construct .  80 

not  to  be  incumbered .  127 

construction  of  .  215 

on  street,  with  an  established  grade,  to  be  of  cement .  215 

manner  of  ocnstruction  .  215,216 

penalty  for  violation  of  provision  relating  to  construction  of  216 
repair  of  sidewalks  . 216 


INDEX. 


379 


SIDEWALKS — ^continued.  Page 

superintendent  of  streets  to  give  notice  to  repair  .  2 IG 

penalty  for  failure  to  promptly  repair  .  216 

city  surveyor  to  notify  clerk  of  failure  to  construct .  216 

clerk  to  advertise  for  sealed  proposals  to  construct .  216 

contracts  for  construction  of  .  217 

damages  for  failure  of  bidder  to  enter  into  contract .  217 

bond  to  be  given  by  bidder,  surety  .  217 

character  of  bid  .  217 

city  surveyor  to  establish  grades  of  walks  ordered .  217 

placing  of  merchandise,  fuel,  etc.,  on  sidewalks  .  217,  218 

height  of  awnings  above  sidewalks  .  213 

signs,  show  bills,  etc.,  not  to  project  over  sidewalks .  219 

persons  not  to  congregate,  or  sell  merchandise  upon .  219 

not  to  be  obstructed  by  trains  or  cars .  219 

not  to  be  obstructed  by  wagons  . • .  219 

snow  and  ice  to  be  removed  from  .  221 

to  be  sprinkled  with  sand,  etc.,  when  ice  cannot  be  removed  221 
superintendent  of  streets  to  see  that  sidewalks  are  cleaned, 

etc .  222 

animals  and  vehicles  not  to  pass  over  .  222 

doors  and  gates  in,  not  to  be  left  open  .  231 

SIGNALS  (Railroad)  — 

how  operated  .  232 

SIGNS— 

not  to  project  over  streets  or  sidewalks  .  218 

SLAUGHTER  HOUSES— 

location  and  management  subject  to  council  .  63 

M 

not  to  discharge  into  lake  or  river  .  64 

slaughtering  of  animals  within  city  prohibited  .  182 

SLEIGHS— 

not  to  obstruct  streets,  crosswalks,  sidewalks,  etc .  219 

not  to  pass  over  sidewalks  .  22  2 

SMOKE— 

dense  smoke  deemed  a  nuisanec  .  200 


INDEX. 


SNAP  DRAGON—  Page 

owners  of  lots,  to  remove  .  201 

SNOW— 

council  may  compel  removal  from  walks  and  streets .  00 

to  be  removed  from  sidewalks  . • .  221 

SOAP  FACTORY— 

may  be  ordered  to  be  removed .  62 

SOLDIERS— 

portion  of  cemetery  set  apart  for  burial  of .  192 

SOUR  DOCK — 

owners  of  lots  to  remove  .  201 


SPECIAL  ELECTIONS  (see  Elections)  — 


SPECIAL  POLICEMEN  (see  Police  Department)  — 

may  be  appointed  by  mayor  .  54 

compensation  of  . . .  55,  168 

to  be  appointed  by  chief  from  lists  furnished  by  board .  166 

SPECIAL  TAX  (see  Taxation)  — 

for  construction  of  sidewalks  by  city  .  79 

all  property  subject  to  special  taxes  .  95 

for  removal  of  weeds  .  165 

expense  of  laying  sewer  pipes,  may  be  collected  as .  196 

water  rates,  if  not  paid  when  due,  may  be  collected  as .  196 

expense  to  city  of  removing  noxious  weeds  .  20) 

SPITTING— 

in  street  cars  prohibited  .  185 

SPRINKLING  OF  STREETS— 

how  done  .  223 

SQUIRREL  TAIL — 

owners  of  lots  to  remove .  201 

STABLES— 

may  be  removed  .  62 

manure  from,  to  be  how  deposited  .  185 


INDEX. 


381 


STAIRS — *  Page 

not  to  be  extended  into,  or  over  streets .  209 

STAIRWAYS— 

not  to  be  obstructed  .  229 

STALLS— 

in  connection  with  saloons,  prohibited  .  220 

duty  of  chief  of  polite  .  226 

STEAMBOAT  INSPECTOR— 

mayor,  with  consent  of  council,  to  appoint  .  177 

duty  of  inspector  . '  177 

to  make  and  file  report  with  city  clerk  .  177 

compensation  of  .  177 

STEAMBOATS  (see  Steamboat  Inspector)  — 

must  have  a  license  to  run  .  176 

application  for  licenses,  to  be  made  to  mayor  and  clerk .  176 

licenses  to  be  signed  by  mayor  and  clerk .  176 

licenses  non  assignable  .  176 

license  fee .  176 

revocation  of  license  from  overloading  boats,  fine . .  177 

examination  of,  by  board  of  health  .  180 

refusal  of  entry  .  180 

complaint  may  be  made  for  refusal  of  entry  .  180 

issue  of  warrant  to  enter .  180 

unnecessary  sounding  of  whistles,  prohibited .  227 

license  may  be  revoked  for  sounding  whistles  .  228 

to  display  proper  lights  .  234 

to  carry  life  preservers  .  234 

to  give  sailboats  advantage  .  234 

whistle  and  bell  signals  of  .  234 

STEAM  EXHAUST— 

not  to  be  connected  with  a  sewer  .  204 

STEPS— 

not  to  extend  into  street .  209 


INDEX. 


STONES—  Page 

not  to  be  placed  in  streets,  or  on  sidewalks .  217 

exception  .  218 

not  to  be  scattered  on  streets .  220 

throwing  of,  prohibited  .  231 

STOP  COCKS— 

no  connection  with  water  main,  without  .  195 

STRAW  (see  Hay)  — 

not  to  be  stacked  within  fire  limits,  etc .  165 

removal  of  .  165 

STREET  ASSESSMENT  COMMITTEE— 

who  compose  the  committee .  205 

until  board  of  public  works  established,  to  act  as  such  board  205 

STREET  CARS— 

spitting  in,  prohibited  . 185 

STREET  COMMITTEE— 

to  inspect  refilled  excavations  .  200 

to  report  to  council  all  cases  of  improper  filling .  20) 

STREET  IMPROVEMENTS  (chap.  VI)  — 

supervision  of,  under  mayor,  superintendent  of  streets  and 

city  surveyor  .  85 

when  council  shall  order  streets  improved  .  85 

specifications  of  city  surveyor  to  be  followed .  85 

improvements  to  be  three  blocks  in  extent  .  85 

assessments  for  . .  85,  85 

issuance  of  bonds  for  .  86 

special  tax  levied  for  .  80 

owner  may.  at  any  time,  pay  full  amount  of  assessment  ....  86 

STREET  NAMES  (see  Names  of  Streets)  — 

STREET  NUMBERS  (see  Numbering  of  Lots  and  Buildings)  — 


STREET  RAILWAY — 
not  to  be  obstructed 


0  9  9 


INDEX. 


383 


STREETS  AND  ALLEYS—  Page 

council  may  provide  for  the  lighting  of .  64 

buildings  not  to  be  erected  on  lake  ends  of .  69 

council  may  open  and  widen  streets,  etc.,  on  petition .  71 

council  may  levy  tax  for  opening,  etc .  76 

council  may  establish  or  change  the  grades  of .  77,  127 

persons  damaged  by  change  of  grade,  have  right  of  action  77, 127 

superintendent  of,  to  enforce  ordinances  relating  to .  77 

superintendent  of,  to  supervise  contract  work  relating  to...  78 

contracts  for  improvement  of,  to  be  let  to  lowest  bidder  ....  82 

council  may  contract  for  grading,  etc.,  of  .  82 

cost  of  improvements,  chargeable  to  lots  .  82 

cost  of  improvements  across  streets  .  83 

cost  of  construction  of  gutters  . 83 

water  main  may  be  laid  through  .  102 

clerk  shall  record  changes  of  grades .  127 

no  street  to  be  worked  until  grade  established  and  recorded  127 

to  be  divided  into  carriage  way  and  drive  way .  127 

may  be  opened,  graded,  sprinkled,  cleaned,  etc .  128 

an  improvement  exceeding  $500,  requires  two-thirds  vote  of 

council  .  128 

payment  of  expense  of  improvement  .  128 

assessments  not  to  exceed  benefits,  excepting  sidewalks.  . .  .  128 

improvements  may  be  made  on  petition  . ■ .  128 

improvements  to  extend  three  blocks,  exception  .  128 

expense  to  be  assessed  in  proportion  to  frontage  .  129 

improvements  of  crossings  assessed  to  city  .  129 

streets  defined  as  used  in  general  charter  .  129 

expense  of  maintenance  to  be  paid  from  general  fund .  129 

assessments  to  be  made  before  grade  changed  .  129 

report  of  assessments  made,  to  be  filed .  120 

hearing  on  report  and  final  report .  130 

notice  of  action  by  council  on  report  .  130 

council  may  assess  benefits  of  improvement  of  .  131 

notice  of  final  determination  of  assessments  .  131 

remedy  of  land  owner,  by  appeal  .  131 

appeal  exclusive  remedy  .  131 

bids  for  improvements  of,  advertisement  for  .  132 

bids  for  improvements,  may  be  rejected  .  132 

certificate  for  work  done  .  133 

street  improvement  bonds  .  133 

notice  concerning  improvement  bonds  .  134 


384 


INDEX. 


STREETS  AND  ALLEYS — continued.  Page 

terms  and  sale  of  improvement  bonds  .  135 

collection  of  assessments,  payment  and  redemption  of  bonds  135 

limitation  of  actions,  special  assessments  .  136 

permit  to  obstruct  streets,  necessary  from  board  of  public 

works  .  141 

in  case  of  neglect,  streets  may  be  repaired  at  expense  of 

property  owners  .  141 

expense  of  such  repair,  may  be  collected  as  a  special  tax  ...  141 

paving  of,  about  capitol  park .  151 

sewers  and  drains  not  to  open  into .  182 

filth,  refuse,  etc.,  not  to  be  deposited  on .  183 

filling  of  lake  ends,  wdien  dock  lines  established .  198 

sower  connections  to  be  made  when  streets  macadamized  .  . .  202 

superintendent  of  streets  to  keep  a  permanent  record  .  205 

sidewalk  inspectors,  appointment  and1  salary .  205 

street  assessment  committee,  who  compose  the  same  .  205 

street  assessment  committee  to  act  as  board  of  public  works  205 

permit  must  be  had  to  place  building  materials  on .  205 

granting  of  permit  to  place  building  materials  on .  205,  206 

obstructions  on  streets  to  be  lighted  at  night .  206 

penalty  for  placing  materials  on  streets  without  permit .  206 

permit  for  moving  buildings  cn  .  207 

penalty  for  moving  buildings  without  permit  .  207 

persons  receiving  permit,  liable  to  city  for  any  da.mage .  207 

permit  to  make  excavations  in  streets  .  207 

grant  of  permit  to  make  excavations,  etc .  207,  208 

clerk  to  keep  a  record  of  all  permits  .  208 

excavations  in  macadamized  streets,  how  made  and  filled  ...  208 

street  committee  to  inspect  refilled  excavations  .  209 

encroachments  on  streets  .  209 

erection,  resetting  and  removal  of  poles  .  209-10-11-12 

stringing  of  wires  and  laying  of  conduits  in .  212-213 

construction  and  repair  of  sidewalks .  215-16-17 

merchandise,  fuel,  etc.,  not  to  be  placed  on  streets  or  side¬ 
walks  .  217 

construction  and  erection  of  awnings  in  streets .  218 

signs,  show  bills,  etc.,  not  to  hang  or  project  over .  219 

persons  not  to  congregate,  or  sell  merchandise  upon .  219 

crossings,  etc.,  not  to  be  obstructed  by  trains,  etc .  219 

crosswalks  not  to  be  obstructed  by  wagons,  etc .  219 

glass,  etc.,  not  to  be  deposited  on  . 219 


I  INDEX. 


385 


STREETS  AND  ALLEYS — continued.  Page 

stone,  rubbish,  etc.,  not  to  be  deposited  on  . .  220 

boathouses  to  be  removed  from  lake  ends  of  streets .  220 

repair  of  gutters  in  streets  .  220 

permission  to  tear  up  pavement  must,  be  had  .  220 

planting  of  trees  in  streets  . . . .  221 

removal  of  trees  in  streets — notice  . . .  221 

injury  to  trees  in  streets — penalty  .  221 

snow  and  ice  to  be  removed  from  sidewalks  . . . .  221 

certain  vehicles  to  have  wide  tires  .  222 

wheels  not  to  be  locked  on  streets  . .  222 

machinery  not  to  be  propelled  on  streets  .  222 

animals  and  vehicles  not  to  pass  over  sidewalks  .  222 

plank  approaches  prohibited  on  paved  streets  .  222 

construction  of  vaults  under  sidewalks  .  223 

sprinkling  of  streets  . *■ .  223 

general  penalty  for  violating  ordinances  relating' to  streets..  223 
running  of  bicycles,  nutccycles,  etc.,  on .  230 

STREET  SUPERINTENDENT  (see  Superintendent  of  Streets)  — 

STUD  HORSE— 

indecent  exhibition  of  .  235 

SUNDAY— 

barber  shops  to  be  closed  on  .  226 

SUPERINTENDENT  OF  CEMETERIES— 

appointment  by  board  of  commissioners  .  189 

term  of  office  and  salary  .  ISO 

duties .  189 

to  expend  trust  fund  for  purpose  designated .  190 

when  to  issue  permit  for  burials  .  191 

to  keep  a  record  of  permits,  burials,  etc .  191 

to  make  monthly  report  to  board  .  191 

SUPERINTENDENT  OF  STREETS— 

names  of  (1856-1904)  .  3-29 

to  give  a  bond . ■ . . .  54 

election  by  council  .  59 

duties  of  .  60 

council  to  audit  books  of  .  70 

25 


INDEX. 


SUPERINTENDENT  OF  STREETS— continued.  Page 

duty  to  enforce  ordinances  relating  to  cleaning  streets,  etc.  77 
have  general  supervision  over  contract  work  relating  to 

streets,  etc .  78 

may  repair  walks  under  certain  conditions  .  79 

to  make  an  itemized  bill  of  sidewalk  repairs  .  79 

execute  a  bond  to  city .  81 

have  general  supervision  of  streets  .  81 

expend  poll  tax  as  directed  by  senior  aldermen  .  81 

render  report  to  council  in  September  in  each  year  .  81 

removal  for  neglect  .  81 

compensation  . : .  .  .  .  81 

chief  of  police  may  act  as,  when  . *. .  81 

duty  as  to  weeds  endangering  buildings  from  fire  .  165 

to  designate  place  for  hack  stands  .  172 

to  notify  owners  of  lots  on  which  are  noxious  weeds .  201 

to  keep  a  permanent  record  .  205 

to  appoint  a  sidewalk  inspector  .  205 

may  with  mayor,  grant  permit  to  place  building  materials  on 

streets  . 205 

may  with  mayor  and  surveyor,  grant  permit  to  erect  poles  .  .  210 

may  with  mayor  and  surveyor,  approve  conduits,  etc .  212 

writ.cn  consent  of  mayor,  surveyor  and  superintendent 

necessary  to  lay  conduits  . 213 

to  give  notice  to  repair  sidewalks  .  216 

to  remove  boathouses  from  lake  ends  of  streets .  220 

to  give  notice  to  remove  or  trim  trees  .  221 

may  remove  trees  after  notice  given  .  221 

may  repair  gutters  .  220 

to  see  that  sidewalks  are  cleaned  of  snow  and  ice,  etc .  222 

SUPERINTENDENT  OF  WATER  WORKS— 

names  of  superintendents  (1882-1904)  .  16-29 

council  may  elect  .  1^4 

to  be  elected  by  board  of  water  commissioners .  194 

term  of  office  . .  194,  237 

to  give  a  bond  . . . . . .  194 

duties  of  . 19* 

to  have  access  to  premises  supplied  with  water .  194 

SURETY— 

on  bond  of  bidder  to  construct  sidewalks  . •••  217 


INDEX.  387 


SURFACE  WATERS—  Page 

not  to  be  drained  into  sewers  .  202 

SURVEYOR  (see  City  Surveyor)  — 

SURVEYS — 

cost  of,  for  public  improvements  chargeable  to  city  .  82 

the  property  of  the  city  .  60 

SWIMMING  (see  Bathing)  — 

SWINE  (see  Animals)  — 

council  may  restrain .  63 

not  to  run  at  large  .  186 

not  to  be  slaughtered  in  city  . i‘ .  182 


T. 

TANNERY— 

may  be  removed  .  62 

TAR— 

not  to  be  deposited  in  sewers  and  drains  .  202 

TAXATION— 

council  may  exempt  burial  grounds  .  64 

special  tax  for  construction  of  sidewalks  by  city  .  78 

tax  for  expenses,  etc.,  of  opening  streets .  76 

tax  for  setting  out  and  caring  for  trees  .  67 

special  tax  for  repairs  of  sidewalks  .  80 

poll  tax,  how  collected  and  expended  .  80 

special  tax  for  street  improvements  .  86 

all  non-exempt  property  subject  to .  89 

how  property  assessed  . . .  89 

mayor-  to  call  council  to  determine  amount  of  taxes .  90 

tax  levy  (see  Tax  Levy)  . - .  9o 

resolutions  for  levying  taxes,  require  two-thirds  vote .  91 

all  taxes  to  remain  a  lien  until  paid  .  92 


388 


INDEX. 


TAXATION — continued. 

Madison  regarded  as  a  town  in  equalizing  taxes . 

supervisors  to  certify  amount  of  tax  levied  to  clerk . 

clerk  to  fill  cut  assessment  roll  . 

clerk  to  make  out  tax  list  and  transmit  duplicate  to  treasurer 

treasurer  to  make  delinquent  tax  list  . 

delinquent  taxes,  fees  collected  by  treasurer . 

county  treasurer  to  sell  delinquent  lands . 

all  exempt  real  estate  subject  to  special  taxes . 

no  error  shall  affect  the  validity  of  any  tax . 

by  two-thirds  vote,  council  may  levy  tax  to  pay  judgment  .  . 

council  may  levy  special  tax  for  school  purposes  . 

coupons  on  bonds  may  be  jreceived  for  taxes . 

city  property  exempt  from  . 

special  tax  may  be  levied  for  failure  to  repair  streets  . 

special  law  authorizing  city  to  remit  taxes  on  opera  house  .  . 


Page 

92 

92 

93 

93 

94 
94 

94 

95 

95 

96 
116 
122 
119 
141 
149 


TAX  CERTIFICATES — 

not  receivable  for  any  indebtedness  .  95 


TAX  LEVY— 

council  shall  make  .  90 

not  to  exceed  two  per  cent  of  assessed  valuation  of  property  90 

per  cent  to  pay  interest  and  principal  on  bonded  debt .  91 

per  cent  to  pay  school  indebtedness  .  91 

per  cent  to  pay  current  school  expenses  .  91 

per  cent  set  apart  for  water  works  fund .  91 

per  cent  set  apart  for  Forest  Hill  Cemetery .  91 

,  per  cent  set  apart  for  free  public  library  .  91 

portion  of,  to  constitute  general  fund .  91 

special  tax  may  be  levied  for  school  purposes  .  116 

TAX  LIST— 

to  be  made  out  by  clerk  .  93 

as  made  by  clerk,  prima  facie  evidence  of  regularity . . .  93 

treasurer  to  make  delinquent  list  .  94 

THEATERS— 

council  may  license  .  61 

to  pay  a  license  .  170 


THISTLES— 

owners  of  lots  to  remove 


201 


INDEX.  389 


TIB  VOTE — -  Page 

how  determined  .  32 

TOAD  FLAX— 

owners  of  lots  to  remove  .  . .  201 

TOWN  OF  MADISON— 

dissoluton  of  relation  between  land  in  city  and  town  .  119 

transfer  of  duties  of  officers  .  119 

special  laws  detaching  and  annexing  territory  ....  145,  146, 147, 156 

TRAINS— 

not  to  obstruct  crossings  or  streets  .  219 

TRANSIENT  MERCHANTS— 

to  pay  a  license  . .  174 

fee  to  be  fixed  by  license  board  .  174 

TRAP  DOORS— 

not  to  extend  into  streets  . .  - . .  209 

TRAPS— 

must  be  placed  on  each  house  drain  . .  204 

TREASURER  (see  City  Treasurer)  — 

TREES— 

council  may  require  setting  out  and  care  of  ornamental  trees  67 

council  may  levy  tax  for  setting  out  and  care  of  trees .  67 

shall  be  how  planted  in  streets  .  221 

removal  of  trees  .  221 

superintendent  of  streets,  to  give  notice  to  remove  or  trim 

trees  .  221 

injury  to  trees  .  221 

horses  not  to  be  fastened  to  .  224 

IT. 

UNHEALTHFUL  PLACES— 

council  may  compel  cleansing  or  removal  of .  62 


INDEX. 


3i»0 


V. 


VACANCIES  IN  OFFICE  (see  Offices  and  Officers)—  Page 

how  filled  .  51 

when  office  deemed  vacant  .  53 

council  may  fill  certain  .  59 

VAULTS— 

under  sidewalks,  how  constructed  .  223 

doors  of,  in  streets,  etc.,  not  to  be  left  open .  231 

VEHICLES— 

when  to  have  wide  tires  .  222 

wheels  not  to  be  locked  . .  222 

not  to  pass  over  sidewalks .  222 


VETO— 

five-sixth  vote  of  all  the  council  will  pass  ordinance,  etc., 
over  veto .  70 

VIVA  VOCE— 

all  elections  by  council  to  be  by  (exception)  .  51 


VOTE  (See  Ayes  and  Noes,  Common  Council,  Viva  Voce) — • 
VOTER  (see  Elector)  — 


w. 


WAGONS— 

not  to  obstruct  streets,  crosswalks,  sidewalks,  etc .  219 

when  to  have  wide  tires  . .  222 

wheels  not  to  be  locked  . .  222 

not  to  pass  over  sidewalks  .  .  ■  . .  222 


INDEX. 


391 


WARD  BOUNDARIES —  Page 

original  .  48-9 

chap.  244,  laws  of  1883,  detaching  part  of  4th  ward .  145 

chap.  362,  laws  of  1885,  adding  part  of  section  26  to  4th  ward  146 

ordinance  1,139,  creating  1st  and  8th  wards .  152 

ordinance  1,140,  creating  2d  and  7th  wards  .  153 

ordinance  1,279,  creating  4th  and  9th  wards  . 155 

ordinance  1,296,  creating  10th  ward  . 156 

WARES— 

not  to  be  placed  in  streets  or  on  sidewalks  .  217 

exception  . 218 

WATCHMEN— 

4 

to  be  peace  officers .  58 

council  may  appoint  and  prescribe  rules  for .  66 

WARRANT— 

for  collection  of  taxes  .  93 

issue  of,  for  arrest  . - .  124 

WATERS— 

council  may  prevent  deterioration  of  waters  of  lakes .  67 

dead  animal,  vegetable  matter,  etc.,  not  to  be  deposited  in  . .  1S2 


WATER  COMMISSIONERS  (see  Board  of  Water  Commissioners)  — 


WATER  AND  SHORE  LINES— 

m 

filling  of  lakes  arid  river  .  19S 

petition  for  filling  lakes  and  river  .  19S 

filling  of  lake  ends  of  streets .  198 

dock  lines  .  199, 200 

penalty  for  filling  lakes  and  river  .  198 

WATER  FUND-  - 

creation  of  .  102 

for  what  purpose  to  be  used  . . .  103 

transfer  from  water  to  sinking  fund  .  103 

issue  of  bonds  for  water  department  .  88 

transfer  of  water  fund  .  88,  89 


INDEX. 


•‘393 


WATER  FUND — 'Continued.  Page 

per  cent  of  tax  levy  for  .  91 

treasurer  to  keep  . . .  IOC 

treasurer  to  report  disbursement  to  council .  103 

clerk  to  keep  separate  accounts  of  all  contracts,  receipts,  etc.  104 


WATER  PIPE  AND  CONNECTIONS— 

how  connections  to  be  made  .  1S5 

size  of  pipe  . > .  195 

quality  of  pipe  to  be  used  .  195 

laying  of  pipes  when  streets  are  to  be  macadamized .  195 

expense  cf  laying  sewer  pipes,  a  lien  on  property  .  195 

if  expense  not  paid,  may  be  collected  as  a  special  tax .  193 


WATER  RATES— 

council  may  establish  .  . .  104 

payable  in  advance  .  104 

how  paid .  19 o 

upon  failure  to  pay,  may  be  collected  as  a  special  tax  . .  196 


WATER  WORKS— 

names  cf  superintendents  of,  1882-1904 .  16-29 

members  of  board,  1884-1904  .  30-31 

officers  of  .  31 

bonds  may  be  issued  for  construction  of .  S3 

transfer  of  water  fund  .  88,  89 

per  cent  of  tax  levy  to  be  set  apart  for .  91 

council  authorized  to  maintain  . , .  101 

council  may  acquire  real  estate  for  .  -. . . .  101 

council  may  erect  buildings,  purchase  machinery,  etc.,  for  .  .  101 

mains  may  be  laid  through  public  grounds  and  streets .  102 

lands  may  be  entered  for  making  survey .  102 

manner  of  taking  land  for  .  102 

when  costs  may  be  assessed  against  lands  .  102 

creation  of  water  fund  (see  Water  Fund)  .  102 

for  what  purpose  fund  to  be  used  .  103 

clerk  to  keep  separate  accounts  of  all  contracts,  receipts,  etc.  104 

water  works  under  control  of  council  . . . . . .  104 

council  may  elect  superintendent  of .  10 ± 


INDEX.  393 


WATER  WORKS— continued.  Page 

council  may,  by  ordinance,  provide  for  employment  of  other 

help  .  L04 

council  may  make  by-laws,  rules,  and  establish  rates .  104 

penalty  for  injury  to,  or  for  polluting  or  wasting  water  ....  105 

penalty  for  opening  hydrants  .  105 

council  may  appoint  board  of  water  commissioners  .  105 

board  to  have  entire  management  of  .  105 

advertisement  for  proposals  to  furnish  materials,  etc .  105 

board  of  water  commissioners  to  have  charge  of .  193 

election  of  board  .  193 

meeting  and  organization  of  board  .  193 

general  powers  of  board  .  193 

board  to  make  an  annual  report .  193 

superintendent  of,  appointment  and  duties .  237,194 

auditing  accounts  of  department .  194 

contracts  for  lease  of  water .  194 

superintendent  to  have  access  to  premises  . . .  194 

water  connections  and  pipe  .  195 

laying  of  mains  and  pipes  when  streets  to  be  macadamized.  .  195 

expense  of  laying  service  pipes .  195 

no  claim  against  city  for  interruption  of  water  supply .  196 

who  may  open  hydrants  .  196 

water  rates,  when  due,  how  paid,  etc . . .  196 

payment  for  water  used  by  city  .  196 

surplus  revenues,  how  applied  .  126 

penalty  for  violations  of  ordinances  relating  to .  197 

WEEDS— 

removal  of,  endangering  buildings  by  fire  .  164 

owner  to  remove  at  request  of  chief  of  fire  department. .....  164 

may  be  summarily  removed  if  not  removed  on  notice .  165 

expense  of  removal  may  be  collected  by  special  tax .  165 

notice  to  persons  receiving  rent  deemed  notice  to  owner .  165 

noxious,  deemed  nuisances  .  201 

owners  of  lots  to  destroy  noxious .  201 

WEIGHTS  AND  MEASURES— 

council  may  prescribe  a  standard  of  . .  66 

council  may  provide  for  punishment  for  using  false  weights, 

etc .  66 


INDEX. 


394 


WELLS—  Page 

council  may  establish  .  64 

contamination  of  waters  of  .  182, 183 

befouling  waters  of  .  236 

WHARVES— 

council  may  establish  and  control  .  •  60 

council  may  lease  whariing  privileges  .  60 

WHISTLES— 

unnecessary  sounding  of,  prohibited  .  227 

WHISTLES  AND  BELL  SIGNALS— 

to  be  used  by  boats  . 231 

WIDE  TIKES— 

certain  vehicles  to  have  wide  tires .  222 

WIRES  (see  Conduits)  — 

city  reserves  right  to  have  same  placed  underground .  212 

city  may  direct  location  of,  in  conduits  .  212 

notice  to  company  of  change  of  location  of,  etc .  212 

mayor,  surveyor  and  superintendent  of  streets  to  act  as  one 

body  in  matters  relating  to .  213 

city  may  use  poles  and  conduits  for  stringing  wires .  211 

persons  stringing,  to  save  city  harmless  .  214 

to  be  strung  as  to  avoid  danger  from  fire .  214 

ordinances  relating  to  wires  a  part  of  all  franchises .  214 

city  may  prescribe  other  modes  of  conducting  wires . .  215 

WITNESSES— 

fees  of,  under  chap.  V  of  charter  .  76 

residents  competent  to  act  as .  118 

WOODEN  BUILDINGS  (see  Buildings)  — 

WOMEN  OF  ILL  FAME— 

not  to  loiter  on  streets  or  enter  saloons,  etc .  235 


INDEX. 


395 


Y. 

YAHARA  RIVER—  Page-'" 

not  to  be  filled  without  permission  of  council .  198 

penalty  for  filling  .  198 

sewage  not  to  be  discharged  into .  203 

YEAR,  FISCAL— 

when  to  commence  .  90 

YELLOW  DOCK— 

owners  of  lots  to  remove  .  201 


